Form Ca 114 PDF Details

In the landscape of legal documentation and compliance, the Form CA 114 stands as a critical instrument within the Superior Court of the District of Columbia, Civil Division. This form serves as an affidavit in compliance with the Servicemembers Civil Relief Act (SCRA) of 2003. Individuals or agents acting on behalf of plaintiffs in civil cases are required to complete it to assert the military status of the defendant. Its principal aim is to protect members of the U.S. Armed Forces, including the Army, Navy, Air Force, Marine Corps, Coast Guard, National Guard members on active duty, commissioned officers of the Public Health Service, and the National Oceanic and Atmospheric Administration from certain legal actions and proceedings. This level of protection ensures that servicemembers can focus on their essential duties without undue stress from legal entanglements. By requiring a thorough investigation into the defendant's military status, Form CA 114 compels the plaintiff or plaintiff’s agent to either confirm the non-military status of the defendant, ascertain their active military service, or, in some cases, acknowledge the inability to determine their status, thereby invoking specific protections under the SCRA. This process involves checking with various branches of the military, considering any notices of induction or reports for service, and understanding the occupancy of real property concerning servicemembers and their dependents. Furthermore, the form accommodates situations where the defendant has expressly waived rights under the act. Every statement made within this affidavit carries the weight of perjury if falsely declared, underscoring the form's significance in maintaining the integrity of legal proceedings involving servicemembers.

QuestionAnswer
Form NameForm Ca 114
Form Length1 pages
Fillable?No
Fillable fields0
Avg. time to fill out15 sec
Other namesSERVICEMEMBERS, Oceanic, certify, seq

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FORM CA 114

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

CIVIL DIVISION

Case Number: __________________

 

vs.

Plaintiff/Landlord

 

Defendant

AFFIDAVIT IN COMPLIANCE WITH THE SERVICEMEMBERS CIVIL RELIEF ACT (2003) (50 U.S.C.

App. § 501 et seq.)

 

_________________

, certifies and declares as follows:

(Type or print name clearly)

 

 

1. I am: the plaintiff or

the plaintiff’s agent in the above-entitled case. My relationship to the plaintiff is (if the person

completing the form is the plaintiff, leave this line blank)________________________________________________________.

2.This affidavit is made pursuant to Section 201 of the Servicemembers Civil Relief Act (50 U.S.C. App. § 521).

3.I have caused a careful investigation to be made to ascertain whether the above named defendant is in the military service of the United States Army, Navy, Air Force, Marine Corps, or Coast Guard; or a National Guard member called to active service for more than 30 consecutive days by the President or Secretary of Defense to respond to a national emergency; or a commissioned officer in active service of the Public Health Service or the National Oceanic and Atmospheric Administration.

4.As a result of this investigation, I hereby state as follows: (check box A, B, C, or D and complete as instructed)

A.

B.

The defendant is not in any of the above named branches of the military service AND the defendant has not received notice of induction or notice to report for military service, AND, if this is an action for possession of real property, the premises are not occupied chiefly for dwelling purposes by the spouse, children, or other dependents of a person in military service. The facts supporting this conclusion are as follows (check all that apply and attach additional pages and documentation as necessary):

I have proof of the defendant’s military status from the Department of Defense Manpower Data Center, and the certificate of non-military status is attached.

I have contacted each branch of the military and have received confirmation from each branch that the defendant is not in military service. The responses I received are attached.

The defendant is not an individual. It is a ____________________________________ and, therefore,

no investigation of military service is required.

I asked the defendant personally on (date) _______________________.

I spoke on (date) __________ with (name and relationship with defendant)______________________________

who has reason to know the defendant’s military status because _______________________________

__________________________________________________________________________________.

For the following reasons (explain):_______________________________________________________

_____________________________________________________________________________________.

After a careful investigation, I could not determine whether the defendant is in any of the above named branches of the military service, whether the defendant received notice of induction or notice to report for military service, or, if this is an action for possession of real property, whether an occupant of the property is the spouse, child, or other dependent of a person in military service. I have made the following efforts to investigate the defendant’s military status (attach additional pages and documentation as necessary):_____________

______________________________________________________________________________________

______________________________________________________________________________________

C.

The defendant is in one of the above named branches of the military service. The facts supporting this conclusion are as follows (attach additional pages and documentation as necessary): __________________________

______________________________________________________________________________________

______________________________________________________________________________________

D.

The defendant executed a waiver of rights under Section 107 of the Servicemembers Civil Relief Act (2003) (50 U.S.C. App. § 517). A copy of the waiver, in at least 12 point type, signed by the defendant during or after his/her military service, is attached.

5.Pursuant to Section 201(b)(4) of the Servicemembers Civil Relief Act (2003) (50 U.S.C. App. § 521(b)(4)), I certify and declare under penalty of perjury that the information contained above is true.

Date:_________________________________

Signature: _________________________________

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A way to prepare App step 1

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Completing section 2 in App

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App completion process clarified (part 3)

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