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STATE OF NORTH CAROLINA File No. 24CV005310-310
DURHAM In The General Court Of Justice
County
Name And Address Of Piaintiff
Richard L. Soles (Owner)
R.L. SOLES PROPERTY MANAGEMENT, INC (Rental Agent)
1423 BROAD STREET
DURHAM, NC 27705
SERVICEMEMBERS CIVIL RELIEF ACT
VERSUS DECLARATION
Name And Address Of Defendant
Derrick Clayton
1124 Lancaster St L/S
DURHAM, NC 27701
G.S. Ch. 127B, Art. 4: 50 U S.C. 3901 to 4043
NOTE: Though this form may be used in a Chapter 45 Foreclosure action. it is not a substitute for the certif cation that may be required
by G.S. 45-21.12A
DECLARATION
| the undersigned Declarant, under penalty of perjury declare the following to be true:
1. As of the current date: (check one of the following}
a.have personal knowledge that the defendant named above is in military service."
x b. have personal knowledge that the defendant named above is not in military service.*
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c. am unable to determine whether the defendant named above is in
military service.'
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2. As of the current date. Clhave LX} have not received a copy of a military order from the defendant named above relating
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to State active duty as a member of the North Carolina National Guard or service similar to State active
duty as member of the
a
National Guard of another state. See G.S. 127B-27 and G.S. 127B-28(b).
3. i used Xx did not use the Servicemembers Civil Relief Act Website https://scra.dmdc.osd.mil/) to determine the
defendants federal military service.
The results from my use of that website are attached.
(NOTE: The Servicemembers Civil Relief Act Website is a website maintained by the Department of Defense (DoD). If DoD security certificates
are not installed on your computer, you may experience security alerts from your internet browser when
you attempt to access the website.
Members of the North Carolina National Guard under an order of the Governor of this State and members of the National Guard of another state
under an order of the governor of that state will not appear in the SCRA Website database.)
4. The following facts support my statement as to the defendant's
military service: (State how you know the defendant is or is not in the
military. Be specific.)
WHEN ASKED THE DEFENDANT SAYS THEY ARE NOT IN THE MILITARY.
*NOTE: The term "military service" includes the following: active duty service as a member of the United States
Army. Navy. Alr Force. Marine Corps, or
Coast Guard: service as a member of the National Guard under a call to active service authorized
by the President or the Secretary of Defense
for a period of more than 30 consecutive days for purposes of responding to a national
emergency: active service as a commissioned officer
of the Public Health Service or of the National Oceanic and Atmospheric Administration;
any period of service during which a servicemember
is absent from duty on account of sickness. wounds, leave, or other lawful cause. 50 U.S.C.
3911(2} The term "military service alsa includes
the following: State active duty as member of the North Carolina National Guard under an order of the Governor
a
pursuant to Chapter 127A of
the General Statutes, for a period of more than 30 consecutive
days: service as a member of the National Guard of another state who resides
in North Carolina and is under an order of the governor of that state that is similar fo State active
duty. for a period of more than 30 consecutive
days. G.S. 127B-27(3) and G.S. 127B-27(4).
I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct.
Date Signature Of Declarant Name Of Declarant (type or print)
06/24/2024 : RYAN SOLES
NOTE TO COURT: Do not proceed to enter judgment in a non-criminal case in which the defendant has not made an
appearance until a
Servicemembers Civil Relief Act affidavit or declaration (whether on this form or not) has been filed, and if it
appears that
the defendant is in military service, do not proceed to enter judgment until such time that
you have appointed an attorney
fo represent him or her.
(Over)
AQC-G-250, Rev. 5/21
© 2021 Administrative Office of the Courts
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Information About Servicemembers Civil Relief Act Affidavits And Declarations
1. Plaintiff to file affidavit/declaration
In any civil action or proceeding, including any child custody proceeding, in which the defendant
does not make an appearance, the court, before entering judgment for the plaintiff, shall require the
plaintiff to file with the court an affidavit
(A) stating whether or not the defendant is in military service and showing necessary facts to
support the affidavit; or
(B) if the plaintiff is unable to determine whether or not the defendant is in military service,
stating that the plaintiff is unable to determine whether or not the defendant is in military
service.
50 U.S.C. 3931(b)(1).
2. Appointment of attorney to represent defendant in military service
If in a civil action or proceeding in which the defendant does not make an appearance it appears
that the defendant is in military service, the court may not enter a judgment until after the court
appoints an attorney to represent the defendant. If an attorney appointed to represent a service
member cannot locate the service member, actions by the attorney in the case shall not waive any
defense of the service member or otherwise bind the service member. 50 U.S.C. 3931(b)(2).
State funds are not available to pay attorneys appointed pursuant to the Servicemembers Civil
Relief Act. To comply with the federal Violence Against Women Act and in consideration of
G.S. 50B-2(a), 50C-2(b), and 50D-2(b), plaintiffs in Chapter 50B, Chapter 50C, and Chapter
50D proceedings should not be required to pay the costs of attorneys appointed pursuant to the
Servicemembers Civil Relief Act. Plaintiffs in other types of actions and proceedings may be
required to pay the costs of attorneys appointed pursuant to the Servicemembers Civil Relief Act.
The allowance or disallowance of the ordering of costs will require a case-specific analysis.
3. Defendant's military status not ascertained by affidavit/declaration
If based upon the affidavits filed in such an action, the court is unable to determine whether the
defendant is in military service, the court, before entering judgment, may require the plaintiff to file
a bond in an amount approved by the court. If the defendant is later found to be in military service,
the bond shall be available to indemnify the defendant against any loss or damage the defendant
may suffer by reason of any judgment for the plaintiff against the defendant, should the judgment be
set aside in whole or in part. The bond shail remain in effect until expiration of the time for appeal
and setting aside of a judgment under applicable Federal or State law or regulation or under any
applicable ordinance of a political subdivision of a State. The court may issue such orders or enter
such judgments as the court determines necessary to protect the rights of the defendant under this
Act. 50 U.S.C. 3931(b)(3).
4. Satisfaction of requirement for affidavit/declaration
The requirement for an affidavit above may be satisfied by a statement, declaration, verification, or
certificate, in writing, subscribed and certified or declared to be true under penalty of perjury.
50 U.S.C. 3931(b)(4). The presiding judicial official will determine whether the submitted affidavit is
sufficient.
5. Penalty for making or using false affidavit/declaration
A person who makes or uses an affidavit permitted under 50 U.S.C. 3931(b) (or a statement,
declaration, verification, or certificate as authorized under 50 U.S.C. 3931(b)(4)) knowing it to be
false, shail be fined as provided in title 18, United States Code, or imprisoned for not more than one
year, or both. 50 U.S.C. 3931(c).
AOC-G-250, Side Two, Rev. 5/21
© 2021 Administrative Office of the Courts