Affidavit Of Non-Military Service: Fill & Download for Free

Deliver a written Three Day Notice to the tenant demanding payment of the outstanding rent. If the tenant is not present at the rental property, post the Three Day Notice on the front door. After the three day period has expired, file the eviction action with the clerk of the county court. Most clerk’s have an eviction packet that has blank spaces for you to fill in and file it without an attorney. Pay the clerk’s filing fees and also be prepared to pay a sheriff’s fee for service of the eviction summons.After the sheriff delivers the summons to the tenant, or posts it on the front door, the tenant will have five business days to file a response with the court and deposit the outstanding rent with the clerk of court. If the tenant has not deposited the outstanding rent, or has not filed a response after the five day period, return to the clerk’s office and file a motion for default, motion for judgment of possession and any other forms required by the clerk. You may also have to complete an affidavit of non-military service.The judge will probably enter the order and in most cases you will not actually have to go into the courtroom and see the judge. When the judge enters the judgment, you take it to the clerk and request a writ of possession. You will have to take the writ of possession to the sheriff and pay $90 for the sheriff to post the writ of possession on the front door, giving the tenant 24 hours notice of eviction. 1–2 days later, you will have to meet the sheriff’s deputy at the property and the deputy will remove the tenant if they have not moved out on their own.

Unemployment was at one of its lowest in 43–44. Many spouses found outside jobs. Spouses would send home military pay. Spouses would also move in with families.Then there was legal aid and protection for those serving their country. During WWII it was called the Soldiers and Sailors Relief Act. Since then it has been expanded.“[T]he Act [SCRA] must be read with an eye friendly to those who dropped their affairs to answer their country’s call.” Le Maistre v. Leffers, 333 U.S. 1, 6 (1948) (citing Boone v. Lightner, 319 U.S. 561, 575 (1943)). Restated, the SCRA should generally be read in favor of the servicemembers it is intended to protect. See id.”“Under the SCRA, the Attorney General is authorized to file a federal lawsuit against any person (or entity) who engages in a pattern or practice of violating this law. 50 U.S.C. § 4041(a)(1). The Attorney General may also file such a suit where the facts at hand raise "an issue of significant public importance.” Id. at § 4041(a)(2). When the Attorney General files a lawsuit under the SCRA, he has the authority to seek monetary damages on behalf of individual servicemembers. Id. at § 4041(b)(2). The Attorney General also has the authority to seek civil penalties, equitable relief, and declaratory relief. Id.at § 4041(b).”“We encourage all servicemembers to first seek assistance from a local military legal assistance office. However, if military legal assistance cannot resolve the concern, the individual is not eligible for military legal assistance services, or the matter is time-sensitive, the Department will review the complaint to determine whether action is appropriate.”“The SCRA provides a wide range of benefits and protections to those in military service. See 50 U.S.C. §§ 3901-4043. Military service is defined under the SCRA as including: 1) full-time active duty members of the five military branches (Army, Navy, Air Force, Marine Corps and Coast Guard); 2) Reservists on federal active duty; and 3) members of the National Guard on federal orders for a period of more than 30 days. Id. at § 3911(2). Servicemembers absent from duty for a lawful cause or because of sickness, wounds or leave are covered by the SCRA. Id. at § 3911(2)(C). Commissioned officers in active service of the Public Health Service (PHS) or the National Oceanic and Atmospheric Administration (NOAA) are also covered by the SCRA. Id. at § 3911(2)(B).”“The SCRA also provides certain benefits and protections to servicemember dependents, see, e.g., 50 U.S.C. § 3955, and, in certain instances, to those who co-signed a loan for, or took out a loan with, a servicemember. See id. at § 3913. The term “dependent” includes a servicemember’s spouse, children, and any other person for whom the servicemember has provided more than half of their financial support for the past 180 days. Id. at § 3911(4). For most servicemembers, SCRA protections begin on the date they enter active duty military service. See 50 U.S.C. § 3911(3). For military reservists, protections begin upon the receipt of certain military orders. Id. at § 3917(a).”SPECIFIC BENEFITS AND PROTECTIONS“The SCRA’s benefits and protections include a six percent interest rate cap on financial obligations that were incurred prior to military service, 50 U.S.C. § 3937; the ability to stay civil court proceedings, id. at §§ 3931, 3932; protections in connection with default judgments, id.; protections in connection with residential (apartment) lease terminations, id. at § 3955; and protections in connection with evictions, mortgage foreclosures, and installment contracts such as car loans. Id. at §§ 3931, 51, 53, 55-56. ““Below you will find a description of those SCRA benefits and protections that trigger the most questions received by the Department of Justice. For questions involving areas of the SCRA not addressed below, please feel free to contact us.”Benefit and Protection No. 1 – The six percent interest rate cap. 50 U.S.C. § 3937“The SCRA limits the amount of interest that may be charged on certain financial obligations that were incurred prior to military service to no more than six percent per year, including most fees. 50 U.S.C. § 3937(a)(1) & (d)(1). In order to have the interest rate on a financial obligation such as a credit card or a mortgage capped at six percent per year, a servicemember must provide the creditor with written notice and a copy of his or her military orders or “other appropriate indicator of military service” (such as a letter from a commanding officer). Id. at § 3937(b)(1). The written notice and proof of military service must be provided to the creditor within 180 days of the end of the servicemember’s military service. Id. ““In response, a creditor must forgive – not defer – interest greater than six percent per year. See 50 U.S.C. § 3937(a)(2). The creditor must forgive this interest retroactively. See id. at § 3937(a)(1) & (b)(2). The creditor is also prohibited from accelerating the payment of principal in response to a properly made request for a six percent interest rate cap. Id. at § 3937(a)(3).”“For mortgages, interest is capped at six percent during the entire period of military service and for one year after the period of military service. 50 U.S.C. § 3937(a)(1)(A). For all other obligations, interest is capped at six percent only for the duration of the period of military service. Id. at § 3937(a)(1)(B).”“A hypothetical under Section 3937 of the SCRA, 50 U.S.C. § 3937: John Doe takes out a mortgage and then enters military service. Captain John Doe is in military service continuously for 20 years. Captain Doe retires from military service and on the 179th day of his retirement asks that the interest rate on his mortgage be lowered to six percent per year. Captain Doe provides his creditor with a written notice and a copy of all of his military orders. The creditor must forgive the entire 20 years of interest that was at a rate greater than six percent – inclusive of fees – and an additional year of interest going forward. See, generally, 50 U.S.C. § 3937.”“The following types of financial obligations, among others, are currently eligible for the six percent SCRA interest rate benefit: credit cards; automobile, ATV, boat and other vehicle loans; mortgages; home equity loans; and student loans. See, e.g., 50 U.S.C. § 3937(d)(2). ““On August 14, 2008, President Bush signed into law the Higher Education Opportunity Act, P.L. 110-315, that, among other things, amended 20 U.S.C. § 1078(d) to make federally guaranteed student loans protected under the SCRA. That means that prior to August 14, 2008, the SCRA did not cover federally guaranteed student loans. So, for federally guaranteed student loans that originated before August 14, 2008, such as student loans that originated under the Federal Family Education Loan (“FFEL”) Program and Direct Loans from the Department of Education, the servicemember borrower is not covered by the SCRA.”“A student loan hypothetical under Section 3937 of the SCRA, 50 U.S.C. § 3937: John Doe takes out five private student loans prior to entering into military service. After entering military service, Servicemember Doe consolidates his five loans into one loan. Six months later, he hears about the SCRA’s six percent interest rate cap and requests that the interest rate on his loan be lowered to six percent per year. He sends in a written notice and a copy of his military orders.”“Question: Is Servicemember Doe entitled to the six percent interest rate cap?Answer: Only for the period of time between when he entered military service and when he consolidated his private student loans. Servicemember Doe’s existing student loan originated during a period of military service. See 50 U.S.C. § 3937(a)(1).”Benefit and Protection No. 2 – Protections against default judgments. 50 U.S.C. § 3931.“In any civil court proceeding in which the defendant servicemember does not make an appearance, a plaintiff creditor must file an affidavit with the court stating one of three things: 1) that the defendant is in military service; 2) that the defendant is not in military service; or 3) that the creditor is unable to determine whether or not the defendant is in military service after making a good faith effort to determine the defendant’s military service status. Id. at § 3931(b)(1). This comes up most frequently for the Department of Justice in the context of judicial foreclosure proceedings. [Note: Foreclosures typically proceed in one of two ways, either judicially (through a court process), or non-judicially (without a court’s involvement). The way in which the SCRA treats the two types of foreclosure proceedings is very different, see 50 U.S.C. §§ 3931, 32 & 53, and states typically specify which way foreclosures may proceed within their borders.]”“To verify an individual’s military service status, one may search the Department of Defense’s Defense Manpower Data Center (“DMDC”) database. This database may be located online at: https://scra.dmdc.osd.mil/.”“The SCRA states that for civil court proceedings where a defendant servicemember has not made an appearance and it seems that he or she is in military service, a court may not enter a default judgment against that defendant until after it appoints an attorney to represent the interests of that defendant servicemember. 50 U.S.C. § 3931(b)(2). The court must stay a civil court proceeding for at least 90 days if that appointed attorney has been unable to contact the defendant servicemember, or if there may be a defense to the action that requires that the defendant be present. Id. at § 3931(d).”Benefit and Protection No. 3 – Non-judicial foreclosures. 50 U.S.C. § 3953.“Section 3953 of the SCRA, 50 U.S.C. § 3953, addresses the topic of mortgages and non-judicial foreclosures. See id. In order for a servicemember to receive the protections of Section 3953 of the SCRA, the “obligation on real or personal property” needs to have been taken out prior to the servicemember entering military service. Id. at § 3953(a)(1).”“Under Section 3953 of the SCRA, 50 U.S.C. § 3953, during a period of military service, and for one year after a period of military service (the “tail coverage” period), a creditor must get a court order prior to foreclosing on a mortgage. Id. This is a strict liability section of the SCRA, and a person who knowingly violates this provision may be fined and/or imprisoned for up to one year. Id. at § 3953(d). ““The tail coverage period described above has changed over time. The following is a summary of the tail coverage period over the years under 50 U.S.C. § 3953:December 19, 2003 to July 29, 2008 – 90 daysJuly 30, 2008 to February 1, 2013 – Nine monthsFebruary 2, 2013 to December 31, 2015 – One yearJanuary 1, 2016 to March 30, 2016 – 90 days. However, on March 31, 2016, the Foreclosure Relief and Extension for Servicemembers Act of 2015 was signed into law. See Foreclosure Relief and Extension for Servicemembers Act of 2015, Pub. L. No. 114-142, 130 Stat. 326 (2016). This extended the tail coverage period for non-judicial foreclosures back to one year, and made this change retroactive to January 1, 2016. See id.March 31, 2016 to present – One year“On May 24, 2018, the President signed into law the Economic Growth, Regulatory Relief, and Consumer Protection Act, Pub. L. No. 115-174. Section 313 provides for a permanent extension of the Section 3953 (non-judicial foreclosure) one-year tail coverage period.”“Courts have the ability under the SCRA, and a duty in certain instances, to stay a non-judicial foreclosure proceeding or adjust the payments, if the servicemember’s ability to meet the obligation is materially affected because of his or her military service. 50 U.S.C. § 3953(b).”Benefit and Protection No. 4 – Installment contracts and repossessions – 50 U.S.C. § 3952.“The SCRA states that a creditor may not repossess a vehicle during a borrower’s period of military service without a court order as long as the servicemember borrower either placed a deposit for the vehicle, or made at least one installment payment on the contract before entering military service. 50 U.S.C. § 3952.”Benefit and Protection No. 5 – Residential (apartment) lease terminations – 50 U.S.C. § 3955.“Section 3955 of the SCRA, 50 U.S.C. § 3955, addresses the topic of lease terminations. With respect to residential apartment leases, the SCRA requires that the premises be occupied (or are intended to be occupied) by a servicemember or a servicemember’s dependent(s). 50 U.S.C. § 3955(b)(1). Additionally, the lease must either be executed by a person who later enters military service, or is in military service and later receives permanent change of station (“PCS”) orders or deployment orders for a period of at least 90 days. Id. at § 3955(a)(1). To terminate a residential lease, the servicemember must submit a written notice and a copy of his or her military orders – or a letter from a commanding officer – by certain methods to the landlord or landlord’s agent. Id. at § 3955(c) & (i)(1). If a servicemember pays rent on a monthly basis, once he or she gives proper notice and a copy of his or her military orders, then the lease will terminate 30 days after the next rent payment is due. 50 U.S.C. § 3955(d)(1). If a servicemember lessee dies while in military service, the spouse of a lessee may terminate the lease within one year of the death. Id. at § 3955(a)(3).”“A lease termination hypothetical under Section 3955 of the SCRA, 50 U.S.C. § 3955: Jane Servicemember receives PCS orders to transfer from Iowa to Texas. She gives her landlord written notice of her intent to terminate her apartment lease and a copy of her PCS orders on September 18th. Her next rent payment is due on October 1st. The effective date of the lease termination will be Halloween – October 31st.See, generally, 50 U.S.C. § 3955.”The Servicemembers Civil Relief Act (SCRA)

General instructions for grant of commission in TA for Non Departmental Units are forward herewith for the assimilation of concerned candidates.General1. The Territorial Army is designed to give our citizens an opportunity for receiving military training in their spare time, so that in the event of a grave national emergency they may be called upon to bear arms for the country’s defence.Since service in the Territorial Army does not provide a regular career, candidates who have commensurate livelihood in their civil life should apply for commission in the Territorial Army.Conditions of Eligibility2. A candidate for commission in the Territorial Army must fulfill the conditions mentioned in paragraphs given below.Nationality3. Candidate must either be:-(a) A citizen of India, or(b) A subject of Nepal or(c) A person of Indian origin who has migrated from Pakistan, Myanmar, Sri Lanka and East Africa(d) Gorkha subjects of Nepal.Age Limits6. Applicants should have attained the age 18 years and not have attained the age of 42 years on the date of application, but the upper age limit may be relaxed at the discretion of the Chief of the Army Staff, in the case of (a) ex officers, ex-VCOs/JCOs and WOs (or their equivalent) of the three Services, the Indian Territorial Forces, State Forces, Auxiliary Forces and the Reserve, (b) ex-serving JCOs of the Territorial Army (c) Government officials and persons possessing technical and medical qualifications.Educational Qualifications7. A candidate for commission of a Non Technical Arm i.e infantry must hold a degree from a recognized university.8. A candidate for commission in the Departmental Units must possess the following qualifications.(a) For Railway Engineers (TA) – Must be a serving Gazetted Officer of the Indian Railways possessing appropriate qualifications required for differenttypes of appointments.(b) For IOC and ONGC (TA) – Must be serving Gazetted Officer in the concerned department possessing appropriate qualification required for different types of appointments.NOTES : (a) For ex-officers of the three services and ex-serving JCOs of the territorial Army, the minimum prescribed qualifications may be relaxed provided they have a creditable record of service is considered adequate by the Selection Board.(b) The decision of Army Headquarters as to the eligibility or otherwise of candidate shall be final. Physical Fitness. A candidate must be physically fit in all respects and be in medical category S1H1A1P1E1.Submission of Application10. Candidates applying for Territorial Army commission will download Application Form (Part-1) from www.indianarmy.nic.in & Join Indian Army. and will submit filled-in application in their own handwriting to the following:- (a) Infantry (Territorial Army). (i) For civilian candidates - To the concerned Territorial Army Group Headquarters (as per choice of written examination centre). (ii) For Ex-Armed Forces Officers - To the Territorial Army Directorate, New Delhi. (b) Railway Engineers (TA). - To the concerned Railway Engineers Regimental Territorial Army Units. (c) IOC and ONGC (TA). - To the concerned Oil Sector Territorial Army Units. Documents to be Produced at the Time of Interview 11. Candidate who qualify in written test of Preliminary Interview Board are required to bring the following Original alongwith self attested copies at the time of Interview at respective Territorial Army Group (a) Application Form (Part – 2) downloaded from www.indianarmy.nic.in & Join Indian Army.. (b) All educational qualification certificates (Matric onwards).(c) Latest physical fitness certificate from a registered MBBS Doctor.(d) Copy of Identity proof with photographs (Voter ID/PAN Card/Passport/Driving license etc).(e) Domicile/ Residential Address Proof.(f) Certificate for proof of age (Matric/ Senior Secondary mark sheet & certificate for verification of date of birth). (g) Service certificate by candidates employed in Central Govt/ Union Territory/ State/Semi Govt/ Private Sector authenticated by Head of Office alongwith No Objection Certificate by the department as per format given at Appendix. (h) Self employed candidates are required to submit an Affidavit on Non-Judicial stamp paper of minimum tenure of employment and annual income along with photocopy of PAN card and self (j) Photocopy of PAN Card.(k) Photocopy of Aadhar Card. In addition to above, ex-service officers are required to submit the following additional documents:- (a) Release Medical Board (b) Release Order/ Certificate. 13. Candidates whose names vary in documents should submit copy of Gazette Notification of India/ State showing the correct name or an affidavit duly supported by newspaper cuttings.14. Candidates will be required to produce all certificates, in original, at the time of interview by Service Selection Board/ Army Headquarters Selection Board or to Army Headquarters (Territorial Army Directorate) later on. Procedure for Selection . For Civilian Candidates (Non-Departmental). (a) Candidates whose application forms are found correct will be called for screening (written exam followed by interview only if passed in written exam) by a Preliminary Interview Board (PIB) by the respective Territorial Army Group Headquarters. (b) Successful candidates will further undergo tests at a Service Selection Board (SSB) and Medical Board and Police Verification for final selection. 16. For Ex-Armed Forces Officers (Non-Departmental). (a) The candidates will be screened by the Army Headquarters Selection Board (ASB) held at Additional Directorate General Territorial Army, New Delhi. (b) Recommended candidates will undergo Medical Examination at Armed Forces Clinic, New Delhi and Police Verification for final selection.17. For Non-Departmental Candidates (Railway and Oil Sector Territorial Army Units). (a) Candidates desirous of seeking commission in Departmental Territorial Army units should submit application form alongwith recommendation of their parent department to concerned unit. (b) Candidates whose application forms are found correct will be called for interview by the respective Territorial Army Group Headquarters followed by medical examination for final selection. 18. Traveling Concessions. Candidate when called up for final interview before a Service Selection Board or Army Headquarters Selection Board will be entitled for TA/ DA admissible as per rules. Note : Any attempt on the part of the candidate , directly or indirectly, to enlist support for their selection or to suppress material information while filling the application form or otherwise, will disqualify them for the grant of commission.SALIENT TERMS AND CONDITIONS OF SERVICE - Period of Probation . Officers are commissioned in the Territorial Army, as Lt and remain on probation for 3 years or till such time as they pass the Retention Examination, whichever is later. Ex-service officers with more than three years service will be exempted from probation. If an officer is found unsatisfactory during the probationary period, the officer may be called upon to resign their commission and in case they declines to do so, they will be liable to be removed from the Territorial Army.Retention Examination20. All officers except those belonging to Departmental TA officers are required to pass the Retention within 4 years from the date of commissioning, otherwise their commissions are liable to be terminated Ex Service officers with more than three years service will be exempted from the requirement.Promotion Examination21. All officer of Non Departmental Territorial Army Officers are required to pass Part A, B, C & D Promotion Examination within the time limit as laid down for promotion examination, failing which their commissions are liable to be terminated and for late passing of promotion examination, penalty of loss of seniority will be imposed. Promotion Exam Part ‘A’ and Part ‘B’ are required to be passed for promotion to rank of Major and Promotion Exam ‘C’ and ‘D’ are required to be passed for promotion to the rank of Lieutenant Colonel).22. Departmental Territorial Army are required to pass Departmental Promotion Examination for promotion from Captain to Major within 08 years of commissioned service. Liabilities for late passing/ failing to pass promotion examination are same as in case of Non Departmental Territorial Army Officers.Pay and Allowances23. Officers of the Territorial Army will receive Pay and Allowance on embodiment for training / military service at rates similar to those admissible to Regular Army Officers.Leave24. Officers of the Territorial Army will be entitled leave on embodiment for training/ military service vide existing rules as applicableDiscipline25. Officers of the Territorial Army when embodied for any purpose, are subject to the Army Act and to the Rules and Regulations of the Regular Army read in conjunction with the Territorial Army Regulations. They are also expected to conform to the customs and traditions of the service.Medical TreatmentCandidates whilst on training / military service will be entitled to free medical treatment.Substantive Promotion27. Promotions upto rank of Lieutenant Colonel will be by time scale subject to fulfilling laid down criteria. Promotion to Col and Brig will be by selection grade. The following service limits have been laid down for promotion.(a) Lieutenant : Commission is granted in the rank of Lieutenant.(b) Captain : 04 years of Commissioned Service.(c) Major : 08 years of Commissioned Service.(d) Lieutenant Colonel : 15 years of Commissioned Service.(e) (i) Colonel : By Selection Grade.(ii) Colonel (Time Scale) : 28 years of Commissioned Service.(f) Brigadier : By Selection Grade.Note : (a) Previous full pay commissioned service in the Regular Army, Navy and Air Force counts towards the above periods.(b) Territorial Army officer are eligible for acting promotion to higher ranks subject to fulfillment of minimum service limits in Railway, IOC and ONGC units may be granted acting ranks in keeping with their civil status within the authorized establishment of their respective units.Permanent Staff Appointments28. A limited number of permanent staff appointments in Territorial Army units with a tenure which may be extended to a maximum period of five years may be offered to Territorial Army Officers who possess the necessary experience and qualifications.Pensionary Benefits29. Territorial Army Officers are eligible to terminal gratuity on retirement provided they have completed minimum of 4 years of aggregate embodied service. Disability family pensions are also admissible to them under certain conditions.Retirement . Territorial Army Officers are compulsorily retired as follows:- (a) Major and below : 54 years of age. (b) Lieutenant Colonel and Colonel : 56 years or 04 years tenure in present rank whichever is earlier but not before 54 years of age. (c) Brigadier : 58 years or 04 years tenure in present rank whichever is earlier but not before 56 years of age.Discharge . A Territorial Army Officer is liable to be discharged dismissed or removed from service in the same manner as Regular Army Officer and/or in accordance with the Territorial Army rules/ orders in force.Liability for Service . Officers of the Territorial Army are, under the Territorial Army Act liable to embodiment for military service with their units or with the Regular Army in accordance with Rules and Regulations as prescribed from time to time. However, they will not be required to serve beyond the limits of India, save under a general or special order of the Government of India. . All terms and conditions of service will be applicable in accordance with the Territorial Army Regulations and /or rules/ orders in force from time to time.IMPORTANT INSTRUCTIONS FOR FILLING THE APPLICATION FORM Candidate must read instructions carefully and fill in the application form only if they are eligible in all respects. The application form must be completed in the candidate’s own handwriting and all answers should be given fully in words and not by dashes or dots. . Candidates are warned that they should not furnish any false particulars nor suppress any material while filling the application form. If they do so, their application will be rejected summarily or if is found out liable to be removed/discharged from the Territorial Army.