Suing someone isn’t exactly new territory—you’ve likely heard of people filing claims over unpaid rent, injuries, or even broken contracts. But when that person is actively serving in the military, things don’t unfold the same way. Civil courts don’t just jump into action, and the process can stall before it even starts.
This is because active duty soldiers aren’t treated like ordinary civilians in the legal world. Thanks to specific federal protections, especially the Servicemembers Civil Relief Act (SCRA), certain legal actions against military personnel can be postponed or restricted. These laws are meant to ensure that military duty takes precedence over courtroom dates and legal obligations.
So, can civilians actually sue a military member while they’re still serving? It’s a question with more layers than most expect.
Keep reading to find out when lawsuits are allowed, how military legal protection works, and what steps you need to take.
Understanding the Legal Framework Around Suing Active Duty Soldiers
The Servicemembers Civil Relief Act (SCRA) and Its Impact on Legal Actions
Not every lawsuit can move forward on your schedule when the person you’re trying to sue wears a military uniform. The Servicemembers Civil Relief Act, or SCRA, was created to protect those in active service from civil legal distractions while they’re focused on national duty. Whether the dispute is over unpaid rent or personal injury, the court may delay or pause the proceedings if the defendant is actively serving.
This law doesn’t erase a civilian’s right to sue, but it does shift the timeline. Courts may issue a stay on the case until the service member is available to appear. For example, if someone stationed overseas is being sued for breach of contract, the court might wait until their return before moving forward.
While civilians can bring legal claims against individuals in uniform, there are limits, especially when it comes to timing and the nature of the case. Laws like the Servicemembers Civil Relief Act can delay or complicate the process of suing the military member, particularly if they’re actively deployed or on duty outside the state.
Common Scenarios for Suing Active Duty Service Members
Imagine you’ve rented out your home, and the tenant, a military member, suddenly stops paying rent due to an unexpected deployment. Or maybe you’re dealing with a fender bender, and the driver turns out to be on active duty. These types of situations aren’t rare, and they often leave civilians wondering what legal steps they can take.
Common civil lawsuits involving military personnel usually stem from property damage, personal injury, or broken agreements. Let’s say a soldier damages your car while off duty or backs out of a private contract. In some instances, the Federal Tort Claims Act may allow you to take action against the government if the damage occurred during official military duties.
Knowing the nature of your case is key. Courts often look at whether the service member can reasonably participate in the proceedings. If they’re unavailable due to active service obligations, you may need to wait before the case moves forward. Timing and eligibility matter just as much as the claim itself.
When and How a Lawsuit Can Be Delayed
Filing a lawsuit can feel like making progress until you realize the person you’re suing is unavailable due to military service. In these cases, the court doesn’t move forward right away. Instead, active-duty members can request a legal pause if their responsibilities prevent them from showing up in court or managing the case.
This legal pause usually lasts around 90 days but can be extended if their service continues to interfere with their ability to respond. It’s not a dismissal, just a delay, and it can affect how quickly you see any resolution.
If your case involves an incident tied to military activity and you’re planning to file under the Federal Tort Claims Act, timing becomes critical. You’ll need to file with the appropriate agency within two years. Whether it’s a direct claim or one involving the federal government, these pauses mean that patience and planning are both essential.
The Role of a Military Affidavit in the Lawsuit Process
Before any legal action moves forward, there’s one document that can change the direction of the entire case. It’s called a military affidavit, and it’s used to confirm whether the person you’re suing is currently serving in the armed forces. Without it, the court may refuse to proceed or could issue a judgment that doesn’t hold up under federal law.
This affidavit matters because the protections offered under the SCRA only apply to those actively serving. That means if the defendant is no longer on duty or never was, those delays or legal shields don’t apply. To avoid missteps, civilians need to present solid proof of the defendant’s duty status.
One of the most reliable ways to do this is through an official verification system. Services like the DMDC’s SCRA verification portal can confirm military status using service orders. It’s a crucial step in the legal process, and skipping it could jeopardize your entire case.
Can You Sue the Military for Breach of Contract?
When an agreement falls apart and one party happens to be a military service member, resolving the issue isn’t always as clear-cut as you’d expect. Civil courts take military commitments seriously, and those obligations can heavily influence how breach of contract claims are handled.
That doesn’t mean contract disputes are off-limits. In some situations, you may still be able to bring a valid claim. The court will look closely at whether military duties genuinely interfered with the service member’s ability to fulfill the agreement. Timing, intent, and the nature of the contract all come into play.
Rather than rushing to file, many civilians explore other ways to settle the matter. Mediation or arbitration may offer a quicker and less complicated route. If those options fail, a legal professional can help you understand if the case qualifies under current laws. The key is knowing when legal action is realistic and when other approaches might save time and stress.
How the Court System Handles Lawsuits Against Military Members
Taking a legal claim to court is never simple, but it becomes even more complex when the person on the other end is serving in the military. Civil courts follow a different path when handling these cases, offering protections that account for the unique demands of military service.
Judges are required to make sure that active-duty members have a fair chance to respond before the case proceeds. If the defendant is unavailable due to deployment or training, the court may adjust timelines or suggest alternate methods to resolve the matter. This includes options like mediation, especially if the case involves financial or contractual issues.
It’s also worth noting that a service member’s income is usually protected from being seized by civil courts. And if criminal charges are involved, the matter could shift to a military court under the Uniform Code of Military Justice. Understanding which court has authority and how the system treats military defendants can make a major difference in how your case unfolds.
Conclusion
Taking legal steps against an active-duty service member isn’t as straightforward as it might seem. With federal protections like the SCRA in play, timing, verification, and proper legal procedures matter more than ever.
But that doesn’t mean civilians are without options. If you’ve done your homework, confirmed military status, and understand how the system operates, you can still move forward with a valid claim. The key is knowing where the legal road bends and how to stay on course. With the right tools and a clear plan, pursuing a case becomes possible, even when military service complicates the timeline.
