IN THE DISTRICT COURT OF OKLAHOMA COUNTY
STATE OF OKLAHOMA
TINKER FEDERAL CREDIT UNION )
)
) Plaintiff,
)
vs. )
) Case No.
BRADLEY E. KING, )
)
) Defendant.
FILED
DISTRICT COURT
OKLAHOMA COUNTY, OKLAHOMA
March 9, 2026 2:11 PM
RICK WARREN, COURT CLERK
Case Number CJ-2026-1747
PETITION
Plaintiff, Tinker Federal Credit Union ("Plaintiff"), for its cause of action against the Defendant, Bradley E. King ("Defendant"), alleges and states as follows:
1. On or about June 9, 2025, Defendant executed a Promissory Note (hereinafter referred to as the "Contract"), and became obligated to pay Plaintiff the principal amount of $25,598.00, plus interest at 8.9900% per annum, according to the terms of the Contract. A copy of the Contract is attached hereto as Exhibit "A".
2. As part of the Contract and to secure the performance of Defendant, Defendant executed a Security Agreement and granted Plaintiff a security interest in a 2021 FORD ESCAPE (hereinafter referred as the "Collateral"). Plaintiff properly perfected its security interest in accordance with Oklahoma law.
3. Defendant failed to pay pursuant to the terms of the Contract, despite demand by Plaintiff, and is therefore in default under the Contract and Security Agreement.
4. On February 2, 2026, Plaintiff repossessed the Collateral. Plaintiff is entitled to a repossession title to the Collateral from the Oklahoma Tax Commission.
5. On March 4, 2026, the Collateral was sold for $12,100.00. Plaintiff complied with all notice requirements set forth by law. The sale was held in a commercially reasonable manner.
6. After deducting the net proceeds from the sale of the Collateral, the balance due on the Contract as of March 9, 2026 was $14,903.05.
7. Plaintiff is entitled to reasonable attorney's fees and its reasonable costs of collection under the terms of the Contract and Security Agreement and under 12 O.S. §936.
8. Pursuant to the Servicemember’s Civil Relief Act of 2003, Plaintiff has reviewed the Department of Defense website and determined Defendant is not in the military. See the Affidavit attached hereto as Exhibit “B”.
9. Pursuant to 40 O.S. §4-508(D), Plaintiff requests an Order that at any time or times subsequent to the filing of this order, the Oklahoma Employment Security Commission shall produce, within thirty (30) days of receipt of this order, employment information of the Defendant.
WHEREFORE, Tinker Federal Credit Union, prays that this Court enter money judgment for Plaintiff and against Defendant, Bradley E. King, in the amount of $14,903.05, plus interest since March 9, 2026, at a rate of 8.9900% per annum until paid and all contractual charges as set forth in the Contract and Plaintiff 's court costs and a reasonable attorney's fee and all other relief this Court deems just.
Respectfully submitted,
Jeffery S. Ludlam, OBA #17822
HALL & LUDBLAM, PLLC
210 Park Ave, Suite 3001
Oklahoma City , OK 73102
(405) 600-9500 Telephone
(405) 871-5403 Facsimile
[email protected]
LAW 553-OK-eps-14 8/24
RETAIL INSTALLMENT SALE CONTRACT
SIMPLE FINANCE CHARGE
00009530
Buyer Name and Address (including County and Zip Code)
BRADLEY KING
22687 E DONNA JEAN CT
WELLSTON OK 74861
COUNTY: OKLAHOMA
Cell:
Email:
[email protected]
Co-Buyer Names and Address (including County and Zip Code)
N/A
Seller-Creditor (Name and Address)
AUTOMAX PREMIUM USED CARS & TRUCKS
4401 TINKER DIAGONAL
DEL CITY, OK 73115
DEAL#: 1000505
CUST#: 815570
You, the Buyer (and Co-Buyer, if any), may buy the vehicle below for cash or on credit. By signing this contract, you choose to buy the vehicle on credit under the agreement in this contract. You agree to pay the Seller - Creditor (sometimes "we" or "us" in this contract) the Amount Financed and Finance Charge in U.S. funds according to the payment schedule below. We will figure your finance charge on a daily basis. The Truth-In-Lending Disclosures below are part of this contract.
<table>
<tr>
<th>New/Used</th>
<th>Year</th>
<th>Make and Model</th>
<th>Odometer</th>
<th>Vehicle Identification Number</th>
<th>Primary Use For Which Purchased</th>
</tr>
<tr>
<td>USED</td>
<td>2021</td>
<td>FORD ESCAPE</td>
<td>69107</td>
<td>1FMUCUH8G2MUA64016</td>
<td>Personal, family, or household unless otherwise indicated below<br>[ ] business<br>[ ] agricultural<br>[ ] N/A</td>
</tr>
</table>
FEDERAL TRUTH-IN-LENDING DISCLOSURES
<table>
<tr>
<th>ANNUAL PERCENTAGE RATE</th>
<th>FINANCE CHARGE</th>
<th>Amount Financed</th>
<th>Total of Payments</th>
<th>Total Sale Price</th>
</tr>
<tr>
<td>The cost of your credit as a yearly rate.</td>
<td>The dollar amount the credit will cost you.</td>
<td>The amount of credit provided to you or on your behalf.</td>
<td>The amount you will have paid after you have made all payments as scheduled.</td>
<td>The total cost of your purchase on credit, including your down payment of $______. Is</td>
</tr>
<tr>
<td>6.99 %</td>
<td>$ 9119.32</td>
<td>$ 25596.00</td>
<td>$ 34711.32</td>
<td>$ 34711.32</td>
</tr>
</table>
Used Car Buyers Guide, The information you see on the window form for this vehicle is part of this contract. Information on the window form overrides any contrary provisions in the contract of sale. Spanish Translation: Guía para compradores de vehículos usados. La información que ve en el formulario de la ventana para este vehículo forma parte del presente contrato. La Información del formulario de la ventana deja sin efecto toda disposición en contrario contenida en el contrato de venta.
Your Payment Schedule Will Be:
<table>
<tr>
<th>Number of Payments</th>
<th>Amount of Payments</th>
<th>When Payments Are Due</th>
</tr>
<tr>
<td>84</td>
<td>$ 413.33</td>
<td>MONTHLY beginning 06/28/2025</td>
</tr>
<tr>
<td>N/A</td>
<td>N/A</td>
<td>N/A</td>
</tr>
</table>
Late Charge. If payment is not received in full within 10 days after it is due, you will pay a late charge of $32.00 or .5% of the part of the payment that is late, whichever is greater.
Prepayment. If you pay early, you will not have to pay a penalty.
Security Interest. You are giving a security interest in the vehicle being purchased.
Additional Information: See this contract for more information including information about nonpayment, default, any required repayment in full before the scheduled date and security interest.
WARRANTIES SELLER DISCLAIMERS
Unless the Seller makes a written warranty, or enters into a service contract within 30 days from the date of this contract, the Seller makes no warranties, express or implied, on the vehicle, and there will be no implied warranties of merchantability or fitness for a particular purpose.
This provision does not affect any warranties covering the vehicle that the vehicle manufacturer may provide.
Returned Check Charge: You agree to pay a charge of $25.00 if my check you give us is dishonored.
☐ VENDOR'S SINGLE INTEREST INSURANCE (VSI Insurance): If the preceding box is checked, the Creditor requires VSI Insurance for the initial term of the contract to protect the Creditor for loss or damage to the vehicle (collision, fire, theft, concealment, siphon). VSI Insurance is for the Creditor's sole protection. This insurance does not protect your interest in the vehicle. You may choose the insurance company through which the VSI Insurance is obtained. If you elect to purchase VSI Insurance through the Creditor, the cost of this insurance is $__________, N/A, and is also shown in Item 4B of the itemization of Amount Financed. The coverage is for the initial term of the contract.
NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
The preceding NOTICE applies only to goods or services obtained primarily for personal, family, or household use. In all other cases, Buyer will not assert against any subsequent holder or assignee of this contract any claims or defenses the Buyer (debtor) may have against the Seller, or against the manufacturer of the vehicle or equipment obtained under this contract.
HOW THIS CONTRACT CAN BE CHANGED. This contract contains the entire agreement between you and us relating to this contract. Any change to this contract must be in writing and we must sign it. No oral changes are binding.
Buyer Signs X [Bradley King]
Co-Buyer Signs X N/A
If any part of this contract is not valid, all other parts stay valid. We may delay or refrain from enforcing any of our rights under this contract without losing them. For example, we may extend the time for making some payments without extending the time for making others.
See the rest of this contract for other important agreements.
EXHIBIT A
OTHER IMPORTANT AGREEMENTS
1. FINANCE CHARGE AND PAYMENTS
a. How we will figure Finance Charge. We will figure the Finance Charge on a daily basis at the Annual Percentage Rate on the unpaid part of the Amount Financed.
b. How we will apply payments. We may apply each payment to the earned and unpaid part of the Finance Charge, to the unpaid part of the Amount Financed and to other amounts you owe under this contract in any order we choose as the law allows.
c. How late payments or early payments change what you must pay. We based the Finance Charge, Total of Payments, and Total Sale Price shown on page 1 of this contract on the assumption that you will make every payment on the day it is due. Your Finance Charge, Total of Payments, and Total Sale Price will be more if you pay late and less if you pay early. Changes may take the form of a larger or smaller final payment or, at our option, more or fewer payments of the same amount as your scheduled payment with a smaller final payment. We will send you a notice telling you about these changes before the final scheduled payment is due.
d. You may prepay. You may prepay all or part of the unpaid part of the Amount Financed at any time without penalty. If you do so, you must pay the earned and unpaid part of the Finance Charge and all other amounts due up to the date of your payment.
e. Your right to refinance a balloon payment. A balloon payment is a scheduled payment that is more than twice as large as the average of your earlier scheduled payments. If you are buying the vehicle primarily for personal, family or household use, you have the right to refinance the balloon payment when due without penalty. The terms of the refinancing will be no less favorable to you than the terms of this contract. This provision does not apply if we adjusted your payment schedule to your seasonal or irregular income.
2. YOUR OTHER PROMISES TO US
a. If the vehicle is damaged, destroyed, or missing. You agree to pay us all you owe under this contract even if the vehicle is damaged, destroyed, or missing.
b. Using the vehicle. You agree not to remove the vehicle from the U.S. or Canada, or to sell, rent, lease, or transfer any interest in the vehicle or this contract without our written permission. You agree not to expose the vehicle to misuse, seizure, confiscation, or involuntary transfer. If we pay any repair bills, storage bills, taxes, fines, or charges on the vehicle, you agree to repay the amount when we ask for it.
c. Security Interest.
You give us a security interest in:
• The vehicle and all parts or goods put on it;
• All money or goods received (proceeds) for the vehicle;
• All insurance, maintenance, service, or other contracts we finance for you; and
• All proceeds from insurance, maintenance, service, or other contracts we finance for you. This includes any refunds of premiums or charges from the contracts.
This secures payment of all you owe on this contract. It also secures your other agreements in this contract. You will make sure the title shows our security interest (lien) in the vehicle. You will not allow any other security interest to be placed on the title without our written permission.
d. Insurance you must have on the vehicle.
You agree to have physical damage insurance covering loss of or damage to the vehicle for the term of this contract. The insurance must cover our interest in the vehicle. You agree to name us on your insurance policy as loss payee. If you do not have this insurance, we may, if we choose, buy physical damage insurance. If we decide to buy physical damage insurance, we may either buy insurance that covers your interest and our interest in the vehicle, or buy insurance that covers only our interest. If we buy either type of insurance, we will tell you which type and the charge you must pay. The charge will be the premium for the insurance and a finance charge computed at the Annual Percentage Rate shown on page 1 of this contract. If the vehicle is lost or damaged, you agree that we may use any insurance settlement to reduce what you owe or repair the vehicle.
e. What happens to returned insurance, maintenance, service, or other contract charges. If we get a refund of insurance, maintenance, service, or other contract charges, you agree that we may subtract the refund from what you owe.
3. IF YOU PAY LATE OR BREAK YOUR OTHER PROMISES
a. You may owe late charges. You will pay a late charge on each late payment as shown on page 1 of this contract. Acceptance of a late payment does not excuse your late payment or mean that you may keep making late payments. If you pay late, we may also take the steps described below.
b. You may have to pay all you owe at once. If you break your promises (default), we may demand that you pay all you owe on this contract at once. Default means:
• You do not pay any payment on time;
• You give false, incomplete, or misleading information during credit applications;
• You start a proceeding in bankruptcy or one is started against you or your property; or
• You break any agreement in this contract.
The amount you will owe will be the unpaid part of the Amount Financed plus the earned and unpaid part of the Finance Charge, any late charges, and any amounts due because you defaulted.
c. You may have to pay collection costs. If we hire an attorney who is not our salaried employee to collect what you owe, you will pay the attorney's fee and court costs the law permits. The maximum attorney's fee you will pay will be 15% of the amount you owe, unless a court awards an additional amount.
d. We may take the vehicle from you. If you default, we may take (repossession) the vehicle from you if we do so peacefully and if the law allows it. If your vehicle has an electronic tracking device (such as GPS), you agree that we may use the device to find the vehicle. If we take the vehicle, any accessories, equipment, and replacement parts will stay with the vehicle. If any personal items are in the vehicle, we may store them for you. If you do not ask for these items back, we may dispose of them as the law allows.
e. How you can get the vehicle back if we take it. If we repossess the vehicle, you may pay to get it back (redeem). We will tell you how much to pay to redeem. Your right to redeem ends when we sell the vehicle.
f. We will sell the vehicle if you do not get it back. If you do not redeem, we will sell the vehicle. We will send you a written notice of sale before selling the vehicle.
We will apply the money from the sale, less allowed expenses, to the amount you owe. Allowed expenses are expenses we pay as a direct result of taking the vehicle, holding it, preparing it for sale, and selling it. Attorney fees and court costs, if the law permits, are also allowed expenses. If any money is left (surplus), we will pay it to you unless the law requires us to pay it to someone else. If money from the sale is not enough to pay the amount you owe, you must pay the rest to us unless the law provides otherwise. If you do not pay this amount when we ask, we may charge you interest at a rate not exceeding the highest lawful rate until you pay.
g. What we may do about optional insurance, maintenance, service, or other contracts. This contract may contain charges for optional insurance, maintenance, service, or other contracts. If we demand that you pay all you owe at once or we repossess the vehicle, you agree that we may claim benefits under these contracts and cancel them to obtain refunds of unused charges to reduce what you owe or repair the vehicle. If the vehicle is a toll loan because it is confiscated, damaged, or stolen, we may claim benefits under these contracts and cancel them to obtain refunds of unused charges to reduce what you owe.
4. SERVICING AND COLLECTION CONTACTS
In consideration of our extension of credit to you, you agree to provide us your contact information for our servicing and collection purposes. You agree that we may use this information to contact you in writing, by e-mail, or using prerecorded/artificial voice messages, text messages, and automatic telephone dialing systems, as the law allows. You also agree that we may try to contact you in these and other ways at any address or telephone number you provide us, even if the telephone number is a cell phone number or the contact results in a charge to you. You agree to allow our agents and service providers to contact you as agreed above.
You agree that you will, within a reasonable time, notify us of any changes in your contact information.
5. APPLICABLE LAW
Federal law and the law of the state of Oklahoma apply to this contract.
6. NEGATIVE CREDIT REPORT NOTICE
We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report.
ITEMIZATION OF AMOUNT FINANCED
1 Cash Price (Including & N/A estate/taxes/ins) $ 23989.00 (1)
2 Total Down Payment:
Trade-In
Year: 2019
Make: JEEP
Model: Compass
Gross Trade-In Allowance $ 8600.00
Less Pay Off trade By Seller to UNITED AUTO CREDIT $ 8600.00
Equals Net Trade In $ N/A
+Cash $ N/A
+Other N/A $ N/A
+Other N/A $ N/A
+Other N/A $ N/A
(If total downpayment is negative, enter "0" and use #4 below) $ 0.00 (2)
3 Unpaid Balance of Cash Price (1 minus 2) $ 23989.00 (3)
4 Other Charges Including Amounts Paid to Others on Your Behalf (Seller may keep part of these amounts):
A Cost of Optional Credit Insurance Paid to Insurance Company or Company. Life $ N/A
Disability $ N/A $ N/A
B Vendor's Simple Interest Insurance Paid to Insurance Company $ N/A
C Other Optional Insurance Paid to Insurance Companies or Companies $ N/A
D Optional Gas Contract $ 1000.00
E Official Fees Paid to Government Agencies:
to N/A for N/A $ N/A
to N/A for N/A $ N/A
to N/A for N/A $ N/A
F Government Taxes Not Included in Cash Price $ N/A
G Government Licenses and/or Registration Fees N/A
LIEN FILING FEE $ 10.00
H Government Certificate of Title Fees N/A
I Other Charges (Seller must Identify who is paid and describe purpose.)
to N/A for Prior Credit or Loan Balance $ 0.00
to N/A for DOCUMENTATION FEE $ 529.00
to N/A for N/A $ N/A
to N/A for N/A $ N/A
to N/A for N/A $ N/A
to N/A for N/A $ N/A
to N/A for N/A $ N/A
to N/A for N/A $ N/A
to N/A for N/A $ N/A
to N/A for N/A $ N/A
Total Other Charges and Amounts Paid to Others on Your Behalf $ 1599.00 (4)
5 Amount Financed (3 + 4) $ 25588.00 (5)
OPTION: □ You pay no finance charge if the amount financed, item 5, is paid in full on or before N/A . Year N/A , SELLER'S INITIALS N/A
OPTIONAL GAP CONTRACT: A gap contract (debt cancellation contract) is not required to obtain credit and will not be provided unless you sign below and agree to pay the extra charges. If you choose to buy a gap contract, the charge is shown in Item 4G of the Itemization of Amount Financed. See your gap contract for details on the terms and conditions it provides. It is a part of this contract.
Term 84 Use CLASIC GAP.
[Signature] I want to buy a gap contract.
Buyer Signature [bradley king]
The Annual Percentage Rate may be negotiable with the Seller. The Seller may assign this contract and retain its right to receive a part of the Finance Charge.
NOTICE TO RETAIL BUYER: Do not sign this contract in blank. You are entitled to a copy of the contract at the time you sign. Keep it to protect your legal rights.
You agree to the terms of this contract. You confirm that before you signed this contract, we gave it to you, and you were free to take it and review it. You confirm that you received a completely filled-in copy when you signed it.
Buyer Sign X [bradley king] Date 05/14/2022 Co-Buyer Sign X N/A Date N/A
Buyer Printed Name BRADLEY KING Co-Buyer Printed Name N/A
If the "business" box is checked in "Primary Use for Which Purchased": Prior Name N/A
Co-Buyers and Other Owners — A co-buyer is a person who is responsible for paying the extra debt. An other owner is a person whose name is on the title to the vehicle but does not have to pay the debt. The other owner agrees to the security interest in the vehicle given to us in this contract.
Other owner sign here N/A Address N/A
Seller signs AUTOMAX PREMIUM USED CARS & TRUCKS Date 05/14/2022 By [bradley king] Title FM MGR
Insurance. You may buy the physical damage insurance this contract requires from anyone who is acceptable to us. You may also provide the physical damage insurance through an existing policy owned or conducted by you that is acceptable to us. You are not required to buy any other insurance to obtain credit unless the box indicating Vendor's Simple Interest insurance is checked on page 1 of this contract.
If any insurance is checked below, policies or certificates from the named insurance companies will describe the terms and conditions.
Check the insurance you want and sign below
Optional Credit Insurance
□ Credit Life □ Buyer □ Co-Buyer □ Bob
□ Credit Disability: □ Buyer □ Co-Buyer □ Bob
Premiums:
Credit Life $ N/A
Credit Disability $ N/A
Insurance Company Name N/A
Home Office Address N/A
N/A
Credit Life insurance and credit disability insurance are not required to obtain credit. Your decision to buy or not buy credit life insurance and credit disability insurance will not be a factor in the credit approval process. They will not be provided unless you sign and agree to pay the extra cost. If you choose this insurance, the cost is shown in Item 4A of the Itemization of Amount Financed. Credit Life insurance is based on your original payment schedule. This insurance may not pay all you owe on this contract if you make late payments. Credit disability insurance does not cover any business in your payment or in the number of payments. Coverage for credit life insurance and credit disability insurance ends on the original due date for the last payment unless a different term for the insurance is shown below.
Other Optional Insurance
□ N/A □ N/A
Type of Insurance Term
Premiums $ N/A N/A
Insurance Company Name N/A N/A
Home Office Address N/A N/A
□ N/A □ N/A
Type of Insurance Term
Premiums $ N/A N/A
Insurance Company Name N/A N/A
Home Office Address N/A N/A
Other optional insurance is not required to obtain credit. Your decision to buy or not buy other optional insurance will not be a factor in the credit approval process. It will not be provided unless you sign and agree to pay the extra cost.
I want the insurance checked above.
X N/A □ N/A
Buyer Signature Date
X N/A □ N/A
Co-Buyer Signature Date
THIS INSURANCE DOES NOT INCLUDE INSURANCE ON YOUR LIABILITY FOR BODILY INJURY OR PROPERTY DAMAGE CAUSED TO OTHERS. WITHOUT SUCH INSURANCE YOU MAY NOT OPERATE THIS VEHICLE ON PUBLIC HIGHWAYS.
; AFFIDVI
STATE OF OKLAHOMA
COUNTY OF OKLAHOMA ) ss.
Ashley Brintnall, of lawful age, being first duly sworn, upon oath deposes and states:
1. I am a Collections Legal Specialist for Tinker Federal Credit Union and I am authorized to make this Affidavit of its behalf.
Based on a review of the Department of Defense website Bradley E. King not in the military. A copy is attached here to.
Signed under penalty of perjury
Ashley Brintnall
Subscribed and sworn to before me this 5th day of February, 2026.
Notary Public
My Commission Expires:
(SEAL)
ANISHA KUMAR NOTARY #24012807 EXP:10/07/23 PUBLIC STATE OF OKLAHOMA
EXHIBIT
B
Department of Defense Manpower Data Center
Status Report
Pursuant to Servicemembers Civil Relief Act
SSN: XXX-XX-3147
Birth Date: Sep-XX-1983
Last Name: KING
First Name: BRADLEY
Middle Name: EUGENE
Status As Of: Feb-05-2026
Certificate ID: FB4000VT04MBSYS
<table>
<tr>
<th colspan="4">On Active Duty On Active Duty Status Date</th>
</tr>
<tr>
<th>Active Duty Start Date</th>
<th>Active Duty End Date</th>
<th>Status</th>
<th>Service Component</th>
</tr>
<tr>
<td>NA</td>
<td>NA</td>
<td>No</td>
<td>NA</td>
</tr>
<tr>
<td colspan="4">This response reflects the individual’s active duty status based on the Active Duty Status Date</td>
</tr>
</table>
<table>
<tr>
<th colspan="4">Left Active Duty Within 367 Days of Active Duty Status Date</th>
</tr>
<tr>
<th>Active Duty Start Date</th>
<th>Active Duty End Date</th>
<th>Status</th>
<th>Service Component</th>
</tr>
<tr>
<td>NA</td>
<td>NA</td>
<td>No</td>
<td>NA</td>
</tr>
<tr>
<td colspan="4">This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date</td>
</tr>
</table>
<table>
<tr>
<th colspan="4">The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date</th>
</tr>
<tr>
<th>Order Notification Start Date</th>
<th>Order Notification End Date</th>
<th>Status</th>
<th>Service Component</th>
</tr>
<tr>
<td>NA</td>
<td>NA</td>
<td>No</td>
<td>NA</td>
</tr>
<tr>
<td colspan="4">This response reflects whether the individual or his/her unit has received early notification to report for active duty</td>
</tr>
</table>
Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, Space Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems.
The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 3901 et seq, as amended) (SCRA) (formerly known as the Soldiers’ and Sailors’ Civil Relief Act of 1940). DMDC has issued hundreds of thousands of “does not possess any information indicating that the individual is currently on active duty” responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person’s status by contacting that person’s Service. Service contact information can be found on the SCRA website’s FAQ page (Q35) via this URL: https://scra.dmdc.osd.mil/scra/#/faqs. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 3921(c).
This response reflects the following information: (1) The individual’s Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date.
More information on "Active Duty Status"
Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps).
Coverage Under the SCRA is Broader in Some Cases
Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1).
Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty.
Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected
WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided.