In June the courts in Forsyth County started requiring SCRA affidavits to be filed for summary ejectment cases (see the original story here), and at the time we warned that this requirement would likely make its way to other counties soon. Well, we just heard from a member that as of last Tuesday they are being required in Guilford County too, and after further investigation we learned it’s required in many other counties in the Triad.
Our friends at Loebsack & Brownlee were kind enough to provide a list of NC counties that they are aware of that are requiring the SCRA affidavit:
- Durham (after 08/01/2015)
- New Hanover
As a reminder here’s what we had about the Forsyth County requirements last month:
Originally the Clerk was requiring the filing of a completed affidavit that they had developed for this purpose (found on their website at this link) but after meeting with her we were able to determine that members could visit the US Government’s SCRA website (found here) at which they can confirm the military status of any person, print the results and staple them to the complaint or bring it with them to court.
We asked for some clarification on timing and received the following via email from the Clerk after she checked with the District Court judge: How many days would the Status Report be acceptable? For the duration of the case was her answer. Presenting the Status Report or Affidavit at the time of hearing and not at filing is acceptable. She is meeting with magistrates and conveying these same issues with them to have consistency.
So in a nutshell, what you can do is either use the affidavit provided by the Clerk or you can print off the results of the search from the SCRA website. You can attach the affidavit or printout to the complaint or you can bring it with you to court.
Unfortunately we received word today (6/10/15) that the courts have decided that affidavits will be required from now on in Forsyth County. Also, we’ve heard that the same is true in Mecklenburg County so our members who have properties there should be prepared to file an affidavit there as well.