TITLE II – GENERAL RELIEF
§ 521. Protection of servicemembers against default judgments [Sec. 201]
(a) Applicability of section. This section applies to any civil action or proceeding, including
any child custody proceeding, in which the defendant does not make an appearance.
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(b) Affidavit requirement
(1) Plaintiff to file affidavit. In any action or proceeding covered by this section, the
court, before entering judgment for the plaintiff, shall require the plaintiff to file with the
court an affidavit—
(A) stating whether or not the defendant is in military service and showing
necessary facts to support the affidavit; or
(B) if the plaintiff is unable to determine whether or not the defendant is in
military service, stating that the plaintiff is unable to determine whether or not
the defendant is in military service.
(2) Appointment of attorney to represent defendant in military service. If in an action
covered by this section it appears that the defendant is in military service, the court may not
enter a judgment until after the court appoints an attorney to represent the defendant. If an
attorney appointed under this section to represent a servicemember cannot locate the
servicemember, actions by the attorney in the case shall not waive any defense of the
servicemember or otherwise bind the servicemember.
(3) Defendant's military status not ascertained by affidavit. If based upon the
affidavits filed in such an action, the court is unable to determine whether the defendant is in
military service, the court, before entering judgment, may require the plaintiff to file a bond
in an amount approved by the court. If the defendant is later found to be in military service,
the bond shall be available to indemnify the defendant against any loss or damage the
defendant may suffer by reason of any judgment for the plaintiff against the defendant,
should the judgment be set aside in whole or in part. The bond shall remain in effect until
expiration of the time for appeal and setting aside of a judgment under applicable Federal or
State law or regulation or under any applicable ordinance of a political subdivision of a State.
The court may issue such orders or enter such judgments as the court determines necessary to
protect the rights of the defendant under this Act.
(4) Satisfaction of requirement for affidavit. The requirement for an affidavit under
paragraph (1) may be satisfied by a statement, declaration, verification, or certificate, in
writing, subscribed and certified or declared to be true under penalty of perjury.
(c) Penalty for making or using false affidavit. A person who makes or uses an affidavit
permitted under subsection (b) (or a statement, declaration, verification, or certificate as
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The phrase “including any child custody proceeding” was added by P.L. 110-181, effective January 28, 2008.
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