You file your case, serve the defendant, and receive no response. So you move for a default judgment. Then the court stops you and demands proof of the defendant's military status. This is not a local quirk or procedural nicety. It is a federal mandate, and Colorado courts enforce it without exception.
TL;DR: Before a Colorado court enters a default judgment, the plaintiff must file an affidavit addressing whether the defendant is on active military duty. This obligation comes from the Servicemembers Civil Relief Act, a federal law that applies in every state. Skipping this step means no judgment, period.
The legal foundation is 50 U.S.C. § 3931, the section of the Servicemembers Civil Relief Act that governs default judgments. Congress designed the SCRA to prevent courts from entering judgments against deployed military personnel who cannot appear in civil proceedings. Every local Colorado court, from El Paso County to Denver District Court, follows the same mandate.
Plaintiffs must search the official government military records database to gather the information that goes into the affidavit. The DoD defense manpower data center is the official repository, drawing personnel records from eight agencies: the Army, Navy, Marines, Air Force, National Guard, Public Health Service, NOAA, and Space Force. Courts expect plaintiffs to demonstrate they consulted this database before filing.
Colorado's Fourth Judicial District, which covers El Paso County, publishes a dedicated form titled "Affidavit re Military Service for Default." Other Colorado districts apply the same underlying rule even where no dedicated form exists.
The affidavit carries specific legal content requirements. The plaintiff must swear to one of three positions: the defendant is not on active duty, the defendant is on active duty, or the plaintiff could not determine military status after a diligent search.
Each position leads to a different judicial response. Non-military status lets the court proceed to judgment. Confirmed active duty status triggers servicemember protections. Unknown status creates complications. Colorado courts may require the plaintiff to post a bond before the case can move forward, a consequence that reflects judicial concern about entering an irreversible judgment against someone who may be deployed and unaware of the proceedings.
When the affidavit confirms active duty status, the court cannot enter judgment immediately. The judge must first appoint an attorney to represent the servicemember, providing legal counsel even when the defendant is overseas and unreachable.
The SCRA then requires a stay of proceedings for a minimum of 90 days. The stay applies when military duties prevent the defendant's appearance, or when appointed counsel cannot reach the servicemember to assess whether a meritorious defense exists. Colorado judges retain discretion to extend the stay beyond that initial period. Reservists who receive active duty orders receive the same protections as career military personnel.
The DMDC database requires a Social Security number for guaranteed results. Without an SSN, the DMDC issues a certificate with a disclaimer stating it cannot guarantee accuracy. Many Colorado courts reject this type of certificate, stalling the case until the plaintiff obtains proper documentation.
Attorneys who lack the defendant's SSN still have options. Providing identifying details such as a full legal name, date of birth, and last known address to a third-party verification service can produce court-ready affidavits. Writing directly to individual military branches for records routinely fails. Some branches acknowledge they cannot reply at all, and others may take up to six months to respond, which can freeze a case long past the point where it should have moved forward.
Obtain the military status affidavit before filing the motion for default judgment. Courts treat a deficient or missing affidavit as grounds to hold the entire proceeding in abeyance until the plaintiff corrects the record.
Judges who discover a missing affidavit have the authority to vacate a default judgment on a servicemember's petition. Courts regularly grant those petitions, and the plaintiff must restart the default process from the beginning. Getting this step right the first time protects the enforceability of any judgment the court ultimately enters.
Yes. The obligation to verify military status before entering a default judgment covers all civil matters, including evictions, debt collection suits, family law cases, and contract disputes. The nature of the underlying claim does not change what the court requires.
A servicemember who discovers the omission can petition the court to vacate the judgment. Courts hold broad authority to set aside these judgments and regularly do so when plaintiffs failed to file the required affidavit before the court acted.
Yes, with documented effort. A plaintiff who cannot confirm status after a diligent search files an affidavit describing those efforts. The court may then require a bond before entering judgment rather than denying the motion outright.
The minimum stay under the SCRA is 90 days when military duties prevent the defendant's appearance or when appointed counsel cannot make contact. Courts retain discretion to grant additional stays beyond that threshold depending on the facts presented.
Yes. Reservists who receive active duty orders fall under the same SCRA protections as permanent active duty service members. Active duty status at the time of the proceedings determines coverage, not the servicemember's permanent assignment or branch.
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