Affidavit In Support Of Application For Entry Of Fact Of Default Page 5
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10Revised 3/2005
Suggested Form D101
UNITED STATES BANKRUPTCY COURT
WESTERN DISTRICT OF NEW YORK
In Re:
AFFIDAVIT OF
NON-MILITARY SERVICE
Debtor(s).
[Bankruptcy Rule 7055(a)]
BK Case No
.
Plaintiff(s),
AP Case No.
vs.
Defendant(s).
The undersigned is the attorney for the Plaintiff in the above-captioned action or, in the
alternative, the undersigned is the Plaintiff pro se in this action.
Pursuant to 50 U.S.C. Appx. § 521, I have made an investigation to ascertain if Defendant,
______________________________________ (“Defendant”), is in the military service of the
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United States. The results of my investigation are as follows
:_____________________________
______________________________________________________________________________
________________________________________________________________________________.
From the facts set forth above, I am convinced that Defendant is not in the military service
of the United States as defined in the Service Members’ Civil Relief Act of 1940, 50 U.S.C. Appx.
§ 521.
__________________________________
Dated:_________________
By: Attorney for Plaintiff or Plaintiff pro se
Sworn to before me
this ______day of _________________,2_____.
______________________________________
Notary
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To properly complete the "Affidavit of Non-Military Service" required to be submitted in connection with
a request for judgment by default, the requesting party is strongly encouraged to verify military status through the
Defense Manpower Data Center ["DMDC"] Military Verification Service. The DMDC has a 24-hour website, and
verification of military status can be printed from the website in a form document that contains the Department of
Defense seal and the signature of the Director of the DMDC. A password to the DMDC website can be obtained by
making a request on company letter to: DMDC, Military Verification, 1600 Wilson Blvd., Suite 400, Alexandria,
VA 22209 or fax to 703-696-4156.
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