uscode.ecfr.io
First seen May 7, 2026
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The law firm had info about military status of defendant, yet filed 2 affadavits to the courts saying he was not in the military, which led to default judgment. I tried to garnish through DFAS and found he has SCRA rights that were violated. What are the legal responsibilities of the firm? Location: Colorado I have been passed through multiple lawyers at the firm representing me. Attorney 1 knew the defendant was active military, both from me and because, after he was served, he called the Attorney 1 in a panic about the case affecting his military career. Attorney 1 emailed me about it. There were also notes on a sticky note that had been scanned into the case file. Attorney 2 filed two different affadavits with the court (both without my seeing them first) asserting that defendant was not active military (to the best of his knowledge). In between the two, we had a phone call, and the defendant's military status came up. The case ended with a default judgment. According to the Servicemembers' Civil Relief Act, he was entitled to certain rights that were not followed. (He did know about the case, was in the state, and chose not to participate.). I discovered all of this when I went to garnish his wages through DFAS. I informed the firm of my concerns, and that what was easily collectible, now seemed uncollectible and like it could lead to the judgment being vacated. The firm eventually got frustrated and Attorney 4 told me to contact Attorney 2 at his new firm. I did. Attorney 2 acknowledged that he didn't make any efforts to determine the military status of the defendant before filing the affadavits. Here is an email exchange about it: Me, to my lawyer: *My concern is that the issue is not simply whether an affidavit was filed before judgment, but whether the affidavit and resulting process complied with the SCRA. If Def was in military service at the time (Firm had evidence of his military status and did not appear to check further, per c
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