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Beyond employment: Other Guard and Reserve rights

Default Judgments

Courts are prohibited from entering a default judgment against a service member for failure to respond to a lawsuit or appear at trial. The only exception is if the plaintiff can provide the court with an affidavit stating the defendant is not on active duty. If no affidavit is filed, and the defendant is in the military, the court will appoint an attorney to represent the defendant’s interests by seeking a delay in the proceedings.

The courts also can require the plaintiff to secure bond to protect the defendant against harm.