Locating and Serving Military Personnel
When initiating a legal action against a military member, you must formally "serve" the member. Finding the member is often difficult.
If you have the member's social security number (SSN), you have better chances. You can locate the SSN on the joint tax return; military pay statement; or military orders.
If you are an authorized client of any service, you may contact the nearest military legal assistance office. The judge advocate can assist you in locating the service member.
You can also contact the base locator or attempt to locate the member on the "global" email network, which lists contact information. If you know the member's unit or former unit, you can contact the commander for assistance.
As a last resort, you can attempt to gain a work address for a military member through the Worldwide Military Locator services. You can find further information at the DoD Knowledge Base.
Once located, it is usually best to effect service by certified mail, return receipt requested, if allowed by state rules. A process server may also be an option if allowed on base. The local sheriff can also normally travel on base.
You should consult with the local rules of procedure for the jurisdiction in which the legal action is based to ensure you are effecting service consistent with the requirements.
learn more about military legal assistance
Mediation describes a process where the parties work with a neutral person, normally an experienced attorney, who assists them in resolving the issues in dispute.
The ABA provides online legal information and resources for military families through Operation Home Front (www.ABAHomeFront.org).
When initiating a legal action against a military member, you must formally "serve" the member. Finding the member is often difficult.
Military members are required to manage their financial affairs and timely pay debts.
Only civil authorities can enforce payment of private debts. Creditors and debt collectors are not entitled to command assistance in collecting a debt.
The Servicemembers Civil Relief Act, or SCRA, is a law that protects military members by postponing or suspending certain civil obligations.
The law specifically protects active duty military members and those Reserve Component members serving on active duty on Title 10 orders.
The Uniformed Services Employment and Reemployment Rights Act (USERRA) prohibits discrimination and acts of reprisal against members who serve in the uniformed services.
The Servicemembers Civil Relief Act, or SCRA, is a law that protects military members by postponing or suspending certain civil obligations.
Military legal assistance attorneys are unable to represent individual servicemembers or their families in civilian court.
The American Bar Association (ABA) Pro Bono Project provides an opportunity for civilian attorneys to assist active duty military clients E-6 and below and their family members.
