I have been called up for active service, but I am being sued for a car accident I was in a few weeks ago. What happens if I can't appear for the suit?
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Normally if you as defendant in a civil suit can't or don't appear or don't answer the pleading of a plaintiff, a court will enter what is called a default judgment, and the plaintiff will get what they are asking for in the suit. However, section 521 of the SCRA provides protection for servicemembers from a default judgment because they are away on duty or have been called to active duty. Before the court can enter default judgment, the plaintiff has to provide an affidavit (statement) stating whether or not you are on active service or that they cannot determine if you are in military service. You will also be provided legal representation if you are on active service before any judgment is entered against you.
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Normally if you as defendant in a civil suit can't or don't appear or don't answer the pleading of a plaintiff, a court will enter what is called a default judgment, and the plaintiff will get what they are asking for in the suit. However, section 521 of the SCRA provides protection for servicemembers from a default judgment because they are away on duty or have been called to active duty. Before the court can enter default judgment, the plaintiff has to provide an affidavit (statement) stating whether or not you are on active service or that they cannot determine if you are in military service. You will also be provided legal representation if you are on active service before any judgment is entered against you.
