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Pro Bono Attorney Team Assists Marine To Vacate $10,000 Eviction Judgment

January 15, 2016

A Marine, upon performing a routine credit check, found that a default judgment for eviction and over $10,000 in monetary damages had been entered against him while he was on active duty at a military school, having just returned from a twelve-month deployment to Iraq. The soldier discovered that his ex-wife had extended a lease in his name without his consent and the landlord had initiated an eviction action against him without properly serving him. Furthermore, in violation of the Servicemembers Civil Relief Act (SCRA), the plaintiffs filed a false affidavit with the court claiming that the Marine was not on active duty, therefore denying the servicemember his SCRA protections against default orders. The soldier needed legal assistance to vacate the default judgment. The ABA Military Pro Bono Project referred him to a dedicated and experienced team of pro bono attorneys.  The volunteer attorneys interviewed the soldier, drafted and filed an affidavit and two separate motions with supporting documents, and appeared in multiple hearings on the servicemember’s behalf. As a result of the volunteer attorneys’ assistance, the default judgment was set aside and the entire matter was dismissed against the servicemember.

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