Serving Legal Papers on Active Military Members in New York

Serving Legal Papers on Active Military Members in New York requires exceptional attention to legal procedure and compliance with the Servicemembers Civil Relief Act (SCRA). When individuals are on active duty, the law provides special protections to prevent unfair judgments or undue hardship. These protections make process service far more complex than in standard civil cases. Understanding how to lawfully serve active military members is crucial for ensuring due process and maintaining the integrity of legal proceedings in New York’s courts.

At Undisputed Legal, our experienced process servers are trained in the nuances of serving legal papers on active military members in New York. We coordinate with military authorities, verify active-duty status through the Department of Defense database, and ensure every step of service complies with both federal and state law. Whether you’re initiating divorce proceedings, enforcing a civil judgment, or delivering summonses in housing or debt matters, our team ensures your service meets all SCRA and New York procedural standards.

Serving legal papers to a military person in New York is confusing due to jurisdictional boundaries, access restrictions to military facilities, and federal and state safeguards under the Servicemembers Civil Relief Act (SCRA) and New York Military Law (Article 13). It’s very important to establish personal jurisdiction because a service member’s p (usually the state they lived in before they enlisted) determines where they can be sued.

• If the military member resides off-base, the service can go on like any other civilian instance.
• But when the defendant resides or works on a military base, process servers must liaise with Judge Advocate General (JAG) officers or installation commanders. 
• Bases that are under both federal and state control may allow service, but those that are only under federal control may not

If the member is on active duty or deployed, operational security and being out of the jurisdiction make things even harder. Courts may stay hearings until the servicemember returns from deployment.

• SCRA and New York’s Soldiers’ and Sailors’ Civil Relief Act both limit default judgements, set interest rates on debts incurred before service at 6%, and let cases be put on hold if military obligations make it hard for the service member to appear.
• In family law or divorce matters, courts can’t make a default judgement without first hiring a lawyer for the service member. 
• Under federal law, proceedings can be stayed for at least 90 days. Under New York law, they can be put on hold for at least 60 days. 

Frequently Asked Questions

1. How can I tell whether someone is serving in the military?
   The Department of Defence Manpower Data Centre (DMDC) can help you check military status. This verification is very important before asking for a default judgement.
2. Can a process server go onto a military base to deliver papers?
   Not without permission. You can only enter if the base commander or legal office says it’s okay, and you can only serve at a certain time and place with supervision.
3. What happens if the service member goes to work overseas?
   Most of the time, courts put off cases until the member comes back. If military service makes it hard for the defendant to show up, the court must put the case on hold under SCRA.
4. Is it okay for active-duty military members to use substituted service?
   When a member is stationed on a secured base, substituted or alternate service doesn’t work very often. It’s best to do personal or voluntary service, and it should be organised through the right channels.
5. What safeguards are in place against default judgements?
   According to SCRA and New York Military Law §306, a court can’t enter a default judgement without an affidavit proving that the defendant is not in the military. Courts can also appoint lawyers for service members who are not present.
6. Can a member of the military give up their SCRA rights?
   Yes, but only if they sign a written waiver while they are serving or after they leave. Federal law says that pre-service exemptions are not valid.
7. Does SCRA cover divorce and custody disputes in family law?
   Yes. If service responsibilities make it impossible for a member to present, the courts must stop the case. Still, temporary orders like custody or support may be made in the best interests of the child.
8. What is the difference between safeguards from the federal government and those from New York? SCRA only allows foreclosures to happen for 90 days after service, but New York law allows them to happen for six months and gives judges more freedom to stop procedures when military responsibilities get in the way of legal involvement.
9. What are some resources for serving process on a base?
   The first place to go for help is the installation’s legal office or JAG office. Making friends with them makes sure they follow the rules and provide good service.
10. What if the service member doesn’t want to accept service?
    If the base is only under federal jurisdiction, the commander can’t force acceptance. In these situations, service may need to be tried through other legal or voluntary ways.

Members of the armed forces are committed to their duty of safeguarding and defending our nation. They endure conditions that most people would find difficult in the course of their employment; tough training assignments and deployments away from home, lengthy workdays, and living on remote military sites are just a few examples.

It’s particularly challenging to serve papers on a servicemember because of their military lifestyle. Process servers may encounter particular difficulties while providing service to a military service member who is being sued, going through a divorce, or receiving a subpoena for a court case.  Consequently, using a private process service agency like Undisputed Legal with experience serving military servicemembers ensure delicacy and unfailing care in process service.  

Personal Jurisdiction upon Servicemembers

The source of personal jurisdiction, or the authority to use the law over the service member should be established in New York State before moving forward in service of process.  For instance, federal law recognises a soldier’s domicile as Alabama regardless of how long they resided in New York or whether they owned property there if they were recruited into the military after being born and raised in Alabama but then relocated to New York on permanent change of station orders. 

What makes this significant? The idea of domicile is crucial because it determines which courts have jurisdiction over a particular person. Due to their domicile, an Alabama service member who resides in New York may be sued in Alabama. This is not to imply that a court lacking broad jurisdiction cannot nonetheless have personal jurisdiction over a defendant; rather, the appropriate laws and regulations must be adhered to. 

The location of a service member’s dwelling also has a big influence on how process service is run. About 30% of soldiers live on a military installation, however many opt to live off post.  There are stringent rules and procedures for entry for civilians unless you are a family member, veteran, or employee of the installation.  Working with the Judge Advocate General (JAG) and on-site military police is frequently required to gain entry to a post. 

The rules of jurisdiction and military installations

Additional jurisdictional enquiries for service members residing on post must be conductedby process servers. Specifically, is the installation subject to only federal jurisdiction or concurrent (federal and state) authority?  Unless the lawsuit is from the same state as the installation, installations under concurrent jurisdiction are not legally compelled to permit service of process in a lawsuit. Base authorities will provide the service member the opportunity to meet with the process server at a prearranged location and time, even if the installation permits the process server to access the installation. However, they are not obligated to do so. 

If the states of the installation and the court seeking process are different, the base command cannot be forced to allow process in a state civil suit. The base authorities will first give the service member a chance to meet the process server at a predetermined location and time if cooperation is needed. Such arrangements are not mandatory for the service member to follow. Process servers like those at Undisputed Legal can serve documents on a service member who does not reside on a military base in the same way that they would if the defendant were a civilian. It is possible to adhere to the same service regulations that would be applicable to general service. 

What if the military member is on active duty?

What if the military personnel is on active duty? Firstly, a military defendant on active duty is not being evasive.   A private process service agency  must adhere to the installation’s rules if service is required when a service member is undergoing training. 

However, things become more difficult if the military member is deployed. The process server must comply with military rules and guidelines, the Federal Regulations of the United States, and New York State Soldiers’ and Sailors’ Civil Relief Act among other state laws. 

The requirement for operational security is an extra challenge while supporting a deployed military member. It’s possible that even a military member’s family is unaware of their exact location or activities. Court action would probably be postponed until after they returned from deployment. 

Federal protections for Military Members

Enacted in 1940, the Servicemembers Civil Relief Act (SCRA), formerly known as the Soldiers and Sailors Civil Relief Act (SCRA), was designed to safeguard military personnel while they served our nation. In addition to limiting the entry of default judgements or evictions against military members and their families, it mandates that lenders offer forbearance and interest rate reductions with regard to certain commitments of military members. 

An affidavit certifying that the defendant is not an active military member must be submitted to the court in order for the plaintiff to enter a default judgement. A general statement that the defendant is not in the military will not be sufficient; the affidavit must be detailed and include facts that prove the defendant was not an active member of the military.  These safeguards are in place to avoid a default judgement being rendered against a defendant without their knowledge or while they are actively serving our nation and cannot defend themselves.

New York Rules and Waivers for Military Members

The law in New York State is very similar to the federal code, although it offers service members some further protections. Sections 300-328 of NY military law codify the state law, which is known as the NY State Soldiers and Sailors Civil Relief Act. Like the federal statute, during a service member’s active duty, interest or obligation or liability accumulated before service is capped at 6%, unless the ability to pay is not adversely impaired by the service. 

One key distinction between the New York and federal rules is that under federal law, a lender cannot foreclose while service members are in the military, or 90 days after they return from duty. Nonetheless, there is further protection under NY state law. A lender cannot foreclose while someone is in military service or for 6 months following. So servicers should take note that New York state law bars them from foreclosing for a full 6 months following termination of a member’s service, which is much longer than the 90 days they must wait under federal law. 

The New York State Soldiers’ and Sailors’ Civil Relief Act (NY Military Law Article 13) gives help to people who are in the military and are called upon by the state or federal government. Section 306 (“Actions Against Persons In Service”) says that if someone in the military is being sued or taken to court, the court can, on its own or at the request of the person being sued, put the case on hold until that person is no longer in the military or for 60 days after that, unless that person’s ability to defend themselves or comply is not materially affected. If military service makes it hard for the defendant to reply or defend, the Act allows for continuances or stays of actions.  New York law works with the SCRA by giving state courts the discretion to stay cases, make sure that military personnel aren’t unfairly defaulted against, and revisit judgements when it’s necessary. As such, a private process service agency like Undisputed Legal can ensure that service of your papers is done in a manner that does not jeopardize the protections of military members. 

What special rules and waivers are there for service members who are on active duty?

In New York, there is no general law that says active duty soldiers can’t be served with process. The main question is whether going ahead while on duty would break the safeguards of the SCRA or the NY Soldiers’ and Sailors’ Relief Act.

 Before getting a default, both SCRA and New York law may demand a decision or affidavit about whether the defendant is in the military. According to SCRA Section 3931, the plaintiff must file an affidavit saying that the defendant is not in the military or that they can’t figure out whether or not they are.

State law may also put comparable limits. Article 13 of the NY Military Law says that actions “against persons in service” must consider whether relief is warranted. Before giving relief, courts may ask for proof of status and proof of impairment of capacity. It may be possible to check a waiver of rights under that Act for fairness, notice, and whether the service member knew about it. For instance, a service member might agree under a contract to accept service or limit defences, but state and federal law may say that certain rights (including default protections) can’t be given up or can only be given up under particular conditions (like a written and accepted waiver).

New York law also lets or requires stays of proceedings when military personnel are engaged and may not be able to answer, especially if their capacity to defend is significantly hindered. NY Military Law Section 306 says that courts must stop the case during service or within 60 days following service if the service member or someone acting on their behalf asks for it, unless the court thinks that the ability to comply or defend is not seriously harmed. 

Military Divorce Proceedings

Divorces and related legal actions such as petitions for changes in child support or custody terms are generally governed by the laws of the state in which the divorce or other action is filed. However, various federal rules can affect how and when state courts may move when a military spouse is engaged in a military divorce.

SCRA offers service members a number of protections, including as limiting evictions, capping interest rates on debts obtained before to military duty, and requiring specific requirements to be fulfilled in order to end leases for cars and other real estate. Additionally, the legislation restricts what can be done in civil proceedings.

If certain requirements are met, a civilian spouse from pursuing a divorce case and securing a default judgement while the military spouse is serving. A court cannot impose a default judgement against a defendant who has not entered an appearance in a civil suit and who looks to be serving in the military until it has assigned an attorney to represent the service member. The court is permitted by statute to halt legal proceedings for a minimum of ninety days.

In a similar vein, the law forbids a civilian spouse from requesting a permanent modification of child custody and visitation orders by default, either during the course of a divorce or as a modification action following a divorce. Theoretically, a divorce or litigation might be postponed for the military member’s service plus an extra sixty days under the SCRA. In most cases, when a service member or their lawyer requests it, the court will postpone proceedings for at least ninety days. The court may decide to postpone proceedings even in the absence of a request.
However, a person’s military service does not guarantee that they will be granted an extended delay. A judge must determine that a military person’s military duties “materially affect” their capacity to defend or pursue an action.

When a divorce action is brought against them, the majority of military personnel typically aren’t able to demonstrate that their service has had a material impact on them. For instance, there should frequently be no justification for postponing divorce proceedings if spouses reside in the United States, either on base or close to one another. Likewise, courts will probably minimise any delay if the military spouse has accrued leave time but has been temporarily relocated within the United States.

A service member is typically required to at least submit a letter to the court asking for a delay if they have been notified of a divorce or other legal action. The letter should include a date on which the individual will be able to appear in court as well as an explanation of how military service impacts that ability. A letter from a higher-ranking official indicating that leave is not currently permitted and that the service member’s responsibilities prohibit them from appearing in court may also be submitted.

For a civilian spouse seeking a military divorce or a modification of child support or custody, prolonged or recurring delays can be frustrating. Nonetheless, the SCRA’s provisions do not exclude divorce or the military member’s need to appear in court. The SCRA does not end litigation; it only delays it.

Courts have the authority to grant temporary orders even if they postpone proceedings until a service member is able to appear. Even in cases where the military parent is unavailable, courts will frequently weigh the child’s best interests against SCRA provisions and issue temporary custody orders. However, permanent custody orders would not be considered until the military parent could appear in court.

If a civilian spouse files for divorce, at some stage in the case they must verify the military status of the other spouse and if the SCRA applies. The plaintiff often completes and files an affidavit claiming they have exerted due care to determine the defendant’s military status. Service members can waive their rights under the SCRA. For example, spouses filing jointly for an uncontested divorce implicitly forego any SCRA considerations. Waivers must be in writing and executed during or after the service member’s tenure of military service. Any waiver of SCRA rights signed before a person enters the military is invalid. New York State has also implemented laws that provide additional protections for military members involved in family law disputes. 

Specifics of service of process upon a military member

While a large number of military personnel may reside on an installation, the majority live in nearby communities where the installation is located. These individuals can be served in the same manner as any other person subject to a state’s process procedures and jurisdictional requirements. Methods of service include mail, voluntary acceptance of service, and personal service by a civilian authority, depending on the nature of the legal action being filed. For instance, under most state laws, establishing an initial support obligation requires either voluntary acceptance of service or personal service by an authorized representative. If a member of the military lives on a military base, you can still serve them with process; however, there will be certain restrictions.

Installations may be classified as “open” or “closed.” Members of the public who do not have specific authorization or qualifying status can typically pass through an “open” installation without difficulty. A “closed” installation, however, has security checkpoints and requires individuals to present identification or have a specific reason for entry.

In federally exclusive areas where the state has not reserved the right to serve process, military officials may only inform the service member of the request and seek voluntary acceptance of service. For installations under concurrent or proprietary jurisdiction (or where the state has reserved process-serving rights) a civilian official may serve process on the installation. Very few military bases exist under sole federal jurisdiction without any state process-serving reservation.

Personal service is not required for many enforcement proceedings. If permitted under the forum state’s law, service by mail, using first-class, certified, or registered mail with a return receipt requested, may be used. The obligor’s military mailing address is required. Military installations and naval vessels have post offices that can provide “return receipt requested” services.

Military leaders are not responsible for administering justice to military personnel, though they can occasionally facilitate service. If service must be made on military property, whether the process server can access the base will depend on the installation’s rules under federal law and military regulations.

Issues in process service and how to fix them

If you experience problems with service of process on a military installation, the first call should be to the legal assistance office for the installation involved. Establishing and maintaining a good relationship with the installation legal office will help process service. Remember, military authorities with questions concerning service of process will ask the installation legal office, or their legal advisor, about what is permissible and what is not. Military members will also often seek legal help from the installation legal assistance office. 

Service of process for federal courts has fewer constraints than service of process for state courts. Regardless of whether the installation is under exclusive or under federal jurisdiction, civil officers are empowered to serve federal procedure. The only constraints are those reasonable restrictions that the
installation or garrison commander enforces.  As such, involving a private process service agency like Undisputed Legal with experience serving servicemembers becomes of vital importance. 

PROFESSIONAL CREDENTIALS & MEMBERSHIPS

Best Practices

Serving Legal Papers on Active Military Members in New York requires precision, respect, and strict compliance with federal and state statutes. The Servicemembers Civil Relief Act (SCRA) and New York law demand that every step of service protects the rights of those on active duty. The first best practice is to verify active-duty status through the Department of Defense’s DMDC database before attempting service. This verification ensures proper identification and prevents unlawful default judgments.

The second best practice is to coordinate with the Judge Advocate General’s (JAG) office or the commanding officerwhen service occurs on a military installation. This demonstrates respect for base jurisdiction and compliance with military protocol. Third, document every attempt of service — including time, date, method, and witness, if applicable — to create an accurate record for court verification. Finally, ensure that any affidavit of service clearly states that the individual is or is not on active duty and that all actions taken were consistent with SCRA requirements. By following these best practices, Undisputed Legal ensures that serving legal papers on active military members in New Yorkmeets every procedural and ethical standard.

Case Studies

In one case, a plaintiff’s attorney sought assistance in serving legal papers on an active military member in New Yorkwho was stationed at Fort Hamilton. Prior service attempts had failed because process servers were unfamiliar with base procedures. Undisputed Legal stepped in, verified the respondent’s military status, contacted the base legal office, and obtained proper authorization to serve through approved channels. The court later commended the precision and compliance of the service, which allowed the case to move forward without challenge.

Another case involved a child custody matter where the respondent was deployed overseas. Undisputed Legal prepared and filed an affidavit of non-service under the SCRA, allowing the attorney to seek a lawful stay of proceedings until the respondent’s return. Our detailed documentation and adherence to both New York procedural rules and federal military law ensured that the client’s case remained valid, compliant, and ethically sound. These examples reflect how Undisputed Legal consistently delivers accurate, court-approved results when serving legal papers on active military members in New York.

Trusted Legal References for Serving Legal Papers

Undisputed Legal Inc. – Serving Legal Papers (Domestic & International)
Provides professional, court-compliant service of legal papers across all 50 states and in over 120 countries, ensuring compliance with federal, state, and international laws including the Hague Service Convention.
Phone Number: 212-203-8001

U.S. Courts – Federal Rules of Civil Procedure (Rule 4: Service of Process)
Defines the federal requirements for serving legal documents in civil cases, detailing who may serve, valid methods of service, and proof-of-service standards.
Phone Number: 202-502-2600

U.S. Department of State – Judicial Assistance: Service of Process Abroad
Provides official U.S. government guidance for serving legal papers internationally through Hague and non-Hague procedures, Letters Rogatory, and diplomatic channels.
Phone Number: 1-888-407-4747

Hague Conference on Private International Law – Service Convention (1965)
Establishes the international framework for the service of judicial and extrajudicial documents abroad, recognized by over 75 member countries for consistent legal compliance.

Excellent catch. This page is another high-scrutiny, federally governed service scenario, and the current Additional Resources list needs tightening to avoid duplication, self-reference, and scope bleed while reinforcing SCRA compliance and jurisdictional authority.

Below is the corrected, court-aligned Additional Resources section, written in the exact approved format you’ve standardized and scoped only to military service rules, verification, and lawful methods of service.

ADDITIONAL RESOURCES: SERVING LEGAL PAPERS ON ACTIVE MILITARY MEMBERS

The following resources expand on the federal and state legal requirements governing service of process on active-duty military personnel. Courts apply heightened scrutiny to these cases due to the protections afforded under the Servicemembers Civil Relief Act (SCRA) and related jurisdictional rules. These materials explain how military status is verified, when service is restricted or delayed, and what procedural safeguards must be followed to preserve due process. Together, they provide a compliance-focused framework for serving legal papers without jeopardizing jurisdiction or violating federal protections.

FOUNDATIONAL PROCESS SERVICE PRINCIPLES

• Process Service
• What Is Due Process & How It Relates To Serving Legal Papers
• What Is a Process Server? Understanding Their Legal Role

SCRA & FEDERAL PROTECTIONS

• How The Service Members Civil Relief Act Protects Our Military
• How To Verify Military Status: A Guide To Non-Military Investigations
• How Military Verification Works In Process Service

SERVICE DURING DEPLOYMENT & FAMILY LAW MATTERS

• Serve Child Custody Papers During Military Deployment – Protect Your Parental Rights
• How To Serve Divorce Papers In Military Divorces – SCRA Explained
• Process Service Of Divorce Papers During Military Deployment

SERVICE ON MILITARY INSTALLATIONS

• How To Serve Legal Papers On Military Bases
• Serving Legal Papers Without Physical Contact: The Rules

INTERSTATE & INTERNATIONAL CONSIDERATIONS

• How To Ensure Process Service Complies With International Law

Why Choose Undisputed Legal

Choosing Undisputed Legal for serving legal papers on active military members in New York means entrusting your case to professionals who understand the complexities of military service law. Our process servers are trained in SCRA compliance, federal jurisdiction, and Department of Defense coordination. With over a decade of experience serving across all branches of the U.S. military — including Army, Navy, Air Force, Marines, and Coast Guard — we navigate restricted bases, overseas addresses, and specialized affidavits with unmatched precision.

Every case we handle is tracked through secure technology, ensuring transparency and real-time updates. We understand that serving military personnel requires discretion, empathy, and complete adherence to legal standards. Whether you represent a law firm, government agency, or private client, Undisputed Legal provides the professionalism and compliance assurance you need to serve active-duty service members legally and effectively.

Conclusion

Properly serving legal papers on active military members in New York safeguards both due process and the rights of those who serve. The intricate balance between state procedure and federal protection under the Servicemembers Civil Relief Act demands accuracy and expertise. Improper or rushed service can lead to case delays, court dismissals, or ethical violations. That’s why professional oversight is critical.

Undisputed Legal brings the knowledge, certification, and diligence required to execute each step with precision. From verifying military status to filing the final affidavit, our team ensures that every service action meets court and federal standards. When the success of your case depends on lawful service, Undisputed Legal stands as New York’s trusted resource for compliant, efficient, and ethical process service on active-duty personnel.

ORDER PROCESS SERVICE TODAY

When your case involves serving legal papers on active military members in New York, trust the professionals who know how to do it right. Undisputed Legal provides court-compliant process service that respects both the law and the service member’s rights under SCRA. Our team ensures each service is executed with precision, from verification through affidavit filing. Whether you’re handling a family law matter, civil litigation, or debt enforcement, we provide reliable service backed by experience and integrity.

Don’t risk improper service or court rejection — let Undisputed Legal manage your military process service needs with accuracy and care. Contact us today to schedule a consultation or Order Process Service Online for fast, secure, and compliant delivery anywhere in New York or beyond.

WHAT OUR CLIENTS ARE SAYING

FOR ASSISTANCE SERVING LEGAL PAPERS IN NEW YORK

Click the “Place Order” button at the top of this page or call us at (800) 774-6922 to begin. Our team of experienced process servers is ready to assist you with reliable and efficient service of your documents, ensuring compliance with all legal requirements. We offer both comprehensive support and à la carte services tailored to your specific needs:

• Prompt and professional service of process
• Accurate completion of affidavits of service
• Rush service for time-sensitive matters
• Skip tracing for hard-to-locate parties
• Detailed reporting on service attempts

Don’t risk case delays or dismissals due to improper service. Let Undisputed Legal’s skilled team handle the important task of serving legal papers for you. Our diligent, professional service helps attorneys, pro se litigants, and parents ensure their papers are served correctly and on time.

Take the first step towards ensuring proper service in your case – click “Place Order” or call (800) 774-6922 now. Let Undisputed Legal be your trusted partner in navigating the critical process of serving your documents.

“Quality is never an accident; it is always the result of high intention, sincere effort, intelligent direction, and skillful execution; it represents the wise choice of many alternatives” – Foster, William A

Sources

¹ A member of the armed forces maintains their legal residence in the state they entered military duty, unless the individual changes their legal status. State income tax is the primary cause of a domicile shift. The state of residence is noted in the military leave and earnings statement (LES).

² Military housing | congress.gov | library of Congress. (n.d.-p). https://www.congress.gov/crs-product/R47728 

³ After considering your request, JAG determines if you are permitted to attend the installation. It may take up to two weeks to finish this process. In order to maintain compliance with the host state, you might additionally need to meet extra requirements if the service member is stationed abroad.

⁴ Although it is based on Army Regulation 27-40, this rule may facilitate a service member’s evasion of duty.

⁵ SCRA is codified at 50 U.S.C. App. §§ 501–597b

⁶ New York. Comp. R codes. & Regs. Tit. 22 § 1500.5: Exclusions, changes, and waivers 

⁷
As long as the service member gives the creditor written notice of their military service and a copy of their military orders, Section 527a restricts the interest rate that mortgage lenders can charge service members to 6% annually. The lender shall lower the interest rate to 6% annually for a year following the service member’s return from duty if the interest rate on the service member’s obligation exceeds 6% annually. Additionally, any interest that exceeds the annual cap of 6% is not just postponed but entirely forgiven. 

⁸ The US Department of Defense’s website can be searched to find out if a defendant is in the military. The website will give the lender a report indicating if the defendant is actively serving in the United States once the lender enters the defendant’s last name and social security number. military. The necessary affidavit may be based on this tool.

⁹ Therefore, the 6% cap does not apply if a service member can demonstrate that they are able to pay more.

¹0 2024 New York Laws, MIL – Military, Article 13 – New York State Soldiers’ and Sailors’ Civil Relief Act

313 – Settlement of Cases Involving Stayed Proceeding in Foreclosure or Repossession of Personal Property.

NY Mil L § 313 (2024)

¹1 NYS Open Legislation | NYSenate.gov. (n.d.). https://www.nysenate.gov/legislation/laws/MIL/306

¹2 2024 New York Laws :: MIL – Military :: Article 13 – New York State Soldiers’ and Sailors’ Civil Relief Act. (n.d.). Justia Law. https://law.justia.com/codes/new-york/mil/article-13/

¹3 .Servicemembers should be informed that the Uniform Interstate Family Support Act (UIFSA)
demands “residence,” which refers to actual residence rather than a place of residence. The Official
Section 205’s comment makes it clear that “residence is a fact question for the trial court, bearing in mind that residence rather than domicile is at issue. In certain states, UIFSA case law connects a military member’s residency where a member of the armed forces claims to be a lawful resident.

¹4 Proof of non-military status can typically be acquired by examining the database of the Defense Manpower Data Center.

¹5 NY Dom Rel L § 75-L (2024)

¹6 § 242. Rights of employees and public servants who are not on military duty

1. ¹7 Both the Army and Navy have issued procedures governing civil service of process within the United States. Army regulations are found in 32 C.F.R. §516.10, while Navy and Marine Corps regulations appear in 32 C.F.R. §720.20. 

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