CIV-GP-100 – Affirmation of Military Investigation

Jurisdiction: Country: United States | Province or State: New York

What is a CIV-GP-100 – Affirmation of Military Investigation?

This form is a sworn statement you submit to the Civil Court of the City of New York when you ask for a default judgment against an individual. It tells the judge what you did to find out whether the defendant is on active military duty. The court cannot enter a default judgment against a service member without special steps. This form shows the court you checked and explains what you found.

Who typically uses this form?

Plaintiffs and their attorneys in civil cases. That includes debt buyers, original creditors, small businesses, landlords, property managers, insurance carriers, and individuals suing for money damages. If you are a self-represented plaintiff, you may use this form only if you are allowed to affirm under penalty of perjury. If you are not allowed to affirm, you must use an affidavit version. The clerk can tell you which version applies to you.

Why might you need this form?

Because the court will not grant a default without it when the defendant is a person, federal and state laws protect active-duty service members. The court must confirm military status before entering judgment by default. This form is how you give the court that confirmation.

Typical usage scenarios

• You served a summons and complaint on an individual defendant. The time to answer has passed. No answer was filed. You want a default judgment for a credit card debt.

• You sued a former tenant for unpaid rent in Civil Court. The tenant did not answer. You plan to submit a default judgment packet. You include this affirmation for each individual defendant.

• Your small business sued a customer on a personal guaranty. The guarantor did not appear. You need this form before the court will consider your default request.

• You are a subrogating insurer seeking property damage from an individual driver. The driver is in default. You must file this affirmation.

If the defendant is a corporation, LLC, or partnership only, you generally do not need to file this form for that entity. But if your case includes any individual defendants—such as owners, guarantors, or joint obligors—you must complete the affirmation for each named person. If there are multiple defendants, prepare one affirmation that covers each individual defendant or submit separate affirmations for each person, depending on the court’s preference in your county.

In short, this form documents your good-faith investigation into military status and gives the court what it needs to proceed with a default request.

When Would You Use a CIV-GP-100 – Affirmation of Military Investigation?

You use this form when you request a default judgment against an individual in the New York City Civil Court. That is most often after service of the summons and complaint, expiration of the time to answer, and no response. You include it in your default judgment submission along with proof of service, proof of the claim, a proposed judgment, and any required notices.

Landlords, debt collectors, small businesses, professionals, and pro se plaintiffs use it in routine civil actions. It is common in consumer credit cases, commercial claims involving guarantors, unpaid rent claims in the civil part, property damage matters, and breach of contract cases. If the defendant is an individual who failed to answer or appear, you almost always need this form.

You also use it if you discover the defendant is on active duty. In that case, the form tells the court what you learned. The court will not enter a default judgment against an active-duty service member without additional protections. You should still file the form so the judge knows the status and can issue appropriate orders.

If you cannot confirm military status after reasonable attempts, you still use the form. You explain the steps you took and state that you cannot determine the status. The court may ask for more proof, require a bond, or deny the default without stronger support. Filing the affirmation documents your efforts and helps the judge decide what to do next.

Finally, you do not use this form when all defendants are business entities and no individual is named. You also do not use it when the case is not at the default stage, such as during discovery, motion practice, or trial.

Legal Characteristics of the CIV-GP-100 – Affirmation of Military Investigation

This is a sworn statement made under penalty of perjury. When you sign it, you affirm that the facts in it are true to your knowledge, information, and belief after a reasonable investigation. Because of its sworn nature, the court relies on it to protect service members’ rights before entering a default judgment.

The form is legally significant because federal and state law require courts to confirm whether a non-appearing defendant is in active military service. The court uses your affirmation to make that finding. If the person is not in active service, the judge can consider entering a default. If the person is in active service, the judge must provide additional protections and may delay or deny a default judgment.

What ensures enforceability?

Accuracy, completeness, and timeliness. Judges want a current investigation. That usually means your search and supporting proof are recent when you file. Your affirmation should also describe the method used to investigate military status, not just a conclusion. Supporting documentation helps, such as a status report or other credible records. If you rely on a database, ensure the name and birth date match. For common names, include additional identifiers to avoid mistaken identity.

General legal considerations

• Truthfulness matters. Knowingly false statements can lead to sanctions, denial of your default, and other penalties. If you are unsure, say so and explain what you did.

• Individual versus entity. Military protections apply to people, not business entities. For an LLC or corporation, note that the form is not required for that entity. For a sole proprietor, you still need to address the owner as an individual.

• Multiple defendants. Address each person separately. If some appear and others default, complete the affirmation for only those in default.

• Scope. The affirmation does not prove your claim. It only addresses military status. You still need to submit your proofs of liability and damages.

• Privacy. Avoid including full Social Security numbers or nonessential personal identifiers. If you must include identifiers, use only what is necessary, such as the last four digits or the year of birth. Redact sensitive data on attachments before filing.

• If the defendant is in active service. The court may stay the case, appoint counsel, or require additional steps. Do not ask for a default judgment unless the court instructs you.

• If the status cannot be determined. The court may deny the default without more proof or require a bond. Be ready to supplement.

The bottom line: this affirmation is a critical gatekeeper for default judgments against individuals in Civil Court. Provide clear facts and recent proof so the court can act.

How to Fill Out a CIV-GP-100 – Affirmation of Military Investigation

Before you start, gather what you need:

• The exact case caption as it appears on your summons and complaint.

• The court, county (borough), and index or docket number.

• Each individual defendant’s full name and last known address.

• Any identifiers you have, such as date of birth or the last four digits of a Social Security number.

• Your proof of service and default timeline.

• Your investigation results and any supporting documents.

Then follow these steps.

1) Complete the case caption.

• At the top, enter the court name: Civil Court of the City of New York.

• Enter the county/borough (Bronx, Kings, New York, Queens, or Richmond).

• List the plaintiff’s name(s) exactly as on the summons.

• List the defendant’s name(s) exactly as on the summons. If there are multiple individual defendants, include all of them.

• Add the index or docket number and any calendar or part information if required.

2) Identify your role.

• State your name and role: attorney for plaintiff, plaintiff self-represented, or authorized agent.

• Provide your business address, phone, and email. If you are an attorney, include your attorney registration number if the form asks for it.

3) State the default context.

• Briefly state that the defendant(s) failed to answer or appear, and that you are seeking a default judgment.

• Note the date of service and the deadline for answering, if the form calls for those facts.

4) Name the defendants covered by the affirmation.

• List each individual defendant for whom you seek a default judgment.

• If the case includes business entity defendants, clarify that this affirmation pertains only to the named individuals.

• If a defendant is sued under a “John Doe” label, use the best available identification and explain the basis if the form allows.

5) Describe your military status investigation.

• Explain how you checked the status for each person. Be specific but concise.

• Examples of acceptable methods include: a search of an official military status verification service; contact with an employer; review of records; or a sworn statement from the defendant.

• For common names, explain how you matched the correct person using identifiers such as address, date of birth, or last four digits of a Social Security number.

• If you used a database, state the search date and the data you entered. Attach a copy of the result if you have one.

• If you spoke with someone, identify the source and date, and summarize what you were told.

6) State your findings for each person.

• For each individual defendant, state one of the following:

a) Not on active military duty on the relevant date(s). Include the date of your check.

b) On active military duty. Include the branch or unit only if you know it and the form asks. Do not guess.

c) Unable to determine military status after reasonable efforts. List what you tried.

• If you believe the person is not in active service, say so clearly and support it with your facts.

• If the person is in active service, say so. Do not ask for a default unless the court directs otherwise.

• If you cannot determine the status, say so. Be ready to provide more proof if the court requests it.

7) Attach supporting documents.

• Attach any status reports, correspondence, or other proof that supports your findings.

• Redact sensitive data before filing. Keep only what the judge needs to verify your conclusion.

• Label each attachment and reference it in your affirmation.

8) Address timing.

• Confirm that your investigation is recent. Judges expect a current check when you file your default request.

• If your initial search is older, run a fresh search and attach the updated result.

9) Include any required requests based on your findings.

• If a defendant is in active service, do not request a default judgment. Instead, ask the court to set appropriate relief. The judge may stay the case or require further steps.

• If the status is unknown, ask the court to advise what additional proof it requires. The court may deny the default without prejudice or require a bond.

10) Sign and date the affirmation.

• Read the perjury statement on the form. Make sure every statement is accurate to your knowledge and belief.

• Sign and date the form. Print your name beneath your signature.

• If you are an attorney, your affirmation does not need notarization. If you are not an attorney and are not permitted to affirm, use the affidavit version and sign before a notary.

• Include your contact information. If you represent a party, include your firm name and attorney registration number if required.

11) File the affirmation with your default judgment packet.

• Include the affirmation with your application for default, proof of service, complaint or statement of claim, proof of damages, and proposed judgment.

• If your case has multiple individual defendants in default, include a separate status finding for each person.

• Keep a copy for your records. Bring copies to any in-person or virtual hearing.

Practical examples of completing the findings

• Example 1: Consumer debt case. You sued Jane A. Smith at a Brooklyn address. You searched an official status verification service using her full name and date of birth on the day you filed for default. The result showed no active duty. You attach the result and affirm that she is not on active duty.

• Example 2: Unpaid rent case in Civil Court. You sued John R. Doe, an individual tenant. Your search showed active duty beginning last year. You check the box that he is in active service. You do not ask for default. You ask the court for guidance on next steps.

• Example 3: Vehicle property damage. You sued a driver with a common name. You ran a search with name and birth year and got multiple possible matches. You then cross-checked using the driver’s last known address and last four digits of the Social Security number from your claim file. The matched record shows no active duty. You describe your method and attach the result with necessary redactions.

Common mistakes to avoid

• Failing to investigate each named individual defendant. The court may reject your default.

• Relying on an old status check. Run a recent search when you file.

• Submitting conclusions without describing your method. Provide enough detail to show the judge your efforts were reasonable.

• Confusing business entities with individuals. Do not submit the form only for an entity; it applies to people.

• Including full Social Security numbers or unredacted sensitive data. Redact before filing.

• Misidentifying the defendant because of a common name. Use multiple identifiers to confirm a match.

Frequently asked questions

• Do you need this form if the defendant filed an answer? No. This is for defaults only.

• Do you need this form for a business-only defendant? No. It applies to individuals.

• What if your search conflicts with the defendant’s claim? Tell the court what you found and attach your proof. The judge may ask for more information or set a hearing.

• Can you rely on a third-party vendor’s status report? Yes, if it is reliable and current. Attach the report and explain the identifiers used to match the person.

• What if you cannot find any record? Document all steps you took, including searches and outreach. File the affirmation stating you cannot determine the status. Be prepared for the court to request more.

Final review checklist before filing

• Correct court, county, caption, and index number.

• Your role stated and contact information provided.

• Each individual defendant is listed.

• Investigation method explained and dates noted.

• Clear findings for each person: not in active service, in active service, or unknown.

• Supporting documents attached and redacted.

• Affirmation signed and dated.

• Included with your default judgment packet.

If you follow these steps, your CIV-GP-100 will give the court what it needs to address military status and move your default request forward.

Legal Terms You Might Encounter

• Affirmation. An affirmation is a signed statement where you declare facts to be true under penalty of perjury. On CIV-GP-100, you affirm you investigated the defendant’s military status and state your findings clearly.
• Affiant. The affiant is the person who signs the affirmation. On this form, that is you, whether you are the plaintiff, the plaintiff’s attorney, or an authorized agent with knowledge of the investigation.
• Plaintiff and Defendant. The plaintiff is the party bringing the case. The defendant is the person being sued. CIV-GP-100 focuses on the defendant and whether that person is in military service.
• Default Judgment. A default judgment is a court decision entered when a defendant does not appear or answer. You cannot seek a default against an individual until you submit a proper military status affirmation like CIV-GP-100.
• Military Service. Military service means active duty in the armed forces or a certain called-up service. CIV-GP-100 asks whether the defendant is in military service on the date you seek default.
• Active Duty Dates. These are the official start and end dates of a person’s service. On CIV-GP-100, if you find active service, you should identify the relevant dates if known or attach proof that shows them.
• Diligent Investigation. A diligent investigation is a real, documented effort to confirm military status. On CIV-GP-100, you describe what you did, when you did it, and what you found, not just a guess or assumption.
• Documentary Proof. Documentary proof means the records that support your conclusion. With CIV-GP-100, you should attach the search result or records you relied on, such as a status report from a recognized source or confirmed information from employers or public records.
• Personal Knowledge. Personal knowledge means information you know from your own actions or a review of reliable business records. When you sign CIV-GP-100, you affirm that your statements are based on personal knowledge or records you reviewed while handling the case.
• Penalty of Perjury. This warning means you can face serious consequences if you lie or omit material facts. CIV-GP-100 is signed under penalty of perjury, so be accurate and complete.
• Stay of Proceedings. A stay pauses a case for a set time. If the defendant is in military service, the court may stay the case or require extra steps. CIV-GP-100 alerts the court to whether those protections may apply.
• Protections for Servicemembers. Federal law gives active-duty servicemembers extra protections, including limits on default judgments. CIV-GP-100 exists to help the court ensure those protections are respected before any default is entered.

FAQs

Do you need CIV-GP-100 for every default against an individual?

Yes. If you are asking for a default against a person, you should submit CIV-GP-100. The court needs it to confirm the defendant is not protected by active service. If the defendant is a business entity, you usually do not use this form.

Do you need to know the defendant’s full Social Security number to complete the investigation?

No. You can often confirm status with a full name, address, and date of birth. Middle names, prior names, and known aliases help reduce false matches. Only collect sensitive data if you need it, and handle it with care.

Do you have to attach proof to CIV-GP-100?

Attach proof whenever possible. A current status report from a reliable source is best practice. You can also attach employer confirmations, sworn statements, or public record checks. The stronger your proof, the smoother your default request.

Do you need to serve the defendant with CIV-GP-100?

Not usually. You typically file it with the court as part of your default package. If the court wants you to send a copy, it will tell you. Follow any notice instructions you receive.

Do you need to notarize CIV-GP-100?

Follow the signature block on the form. If the form allows an affirmation, sign as instructed. If a notarized affidavit is required instead, sign before a notary. When unsure, check the form’s signature section and court instructions.

Do you need a separate CIV-GP-100 for each defendant?

Yes. File one CIV-GP-100 per individual defendant. Do not combine multiple defendants on the same affirmation. Each person’s status must be checked and affirmed separately.

Do you need to redo the investigation if time has passed?

Often yes. The investigation must be current. If months have passed since your first check, run a fresh search and sign a new CIV-GP-100. Stale results can lead to a denial or delay.

Do you file CIV-GP-100 if the defendant is on active duty?

Yes, disclose the active duty status on the form. Do not ask for a default if protections may apply. The court will tell you what to do next, which could include a stay or other steps.

Checklist: Before, During, and After the CIV-GP-100

Before signing: Information and documents you need

• Case caption and index number as they appear on the docket.
• Defendant’s full legal name, including middle name and suffix.
• Any known aliases or prior names.
• Last known residential address and any alternate addresses.
• Known date of birth or estimated age, if available.
• Dates and method of service of the summons and complaint.
• Notes from your skip tracing or location efforts, if any.
• Results of your military status search, dated and legible.
• Any supporting records: employer confirmation, rental records, or public filings.
• Your role in the case (plaintiff, attorney, or authorized agent).
• Calendar of when you will request the default, so your search is current.
• Redactions prepared for any sensitive personal data.

During signing: Sections to verify

• Confirm the court name and part match your case caption.
• Verify the index number and parties’ names without spelling errors.
• Confirm you selected the correct status box (in service, not in service, or unknown).
• Check that the investigation date is recent enough to be credible.
• Describe your investigation steps in clear, specific terms.
• Identify the sources you checked, without overpromising certainty.
• Attach your proof: status report and any other supporting documents.
• Print your name, sign, and date where indicated on the form.
• State your capacity (plaintiff, attorney, or agent).
• If the form or court requires notarization, sign in the notary’s presence.
• Keep the narrative factual and concise. Avoid opinions or speculation.

After signing: Filing, notifying, and storing

• File CIV-GP-100 with your default judgment request package.
• Include proof of service of the summons and complaint.
• Include your proposed judgment and any required cost statements.
• If the court schedules a default hearing, bring your proof to court.
• Calendar follow-up dates and any deadlines the court sets.
• If you learn new status information, prepare a corrected affirmation.
• Store a complete copy with exhibits in your case file.
• Keep sensitive data redacted in the public file and secure in your records.
• Train staff on your internal process so future files are consistent.
• Note in your case management system the date and outcome of the investigation.

Common Mistakes to Avoid CIV-GP-100 – Affirmation of Military Investigation

• Don’t forget to refresh stale search results. Old status checks can sink your default request. Courts expect current confirmation. If time has passed, run a new search and sign a new form.
• Don’t mismatch names or use incomplete identifiers. A missing middle name or wrong spelling can lead to a false result. This can cause a denial and force you to refile with corrected proof.
• Don’t claim “not in military service” without real steps. A bare statement without an investigation invites rejection. It also risks penalties if the statement is false.
• Don’t bundle multiple defendants on one affirmation. Each person needs a separate CIV-GP-100. Combining parties leads to confusion and delay.
• Don’t expose sensitive personal data. Unredacted numbers can create privacy issues and filing problems. Redact public copies and store full data securely.
• Don’t omit attachments that support your conclusion. The court wants to see what you relied on. Missing exhibits can produce adjournments, rejections, or extra hearings.

What to Do After Filling Out the Form CIV-GP-100 – Affirmation of Military Investigation

1) Assemble your default package

• Include CIV-GP-100, proof of service, proposed judgment, and any required statements.
• Add the complaint, verified bill of particulars if applicable, and proof of damages.
• Include the most recent military status report and any supporting documents.

2) File with the court

• File the package with the clerk as local practice requires.
• If electronic filing is available in your case, follow those steps.
• Request a conformed copy and note the filing date in your records.

3) Prepare for review or hearing

• Be ready to explain your investigation steps.
• Bring copies of all exhibits and the latest status report.
• If the court requests more proof, gather it promptly and resubmit.

4) If the defendant is in military service

• Do not seek a default judgment while protections may apply.
• Note the active duty dates in your file.
• Wait for the court’s direction on next steps, such as a stay or other procedures.

5) If the defendant’s status is unknown

• Explain the steps you took on CIV-GP-100 and attach proof.
• Ask for time to complete further investigation if needed.
• Update the court with a fresh affirmation once you confirm status.

6) Correct or amend when facts change

• If you learn the defendant’s status has changed, act quickly.
• Prepare a corrected CIV-GP-100 with updated proof.
• File it and notify the court and any party the court directs.

7) Distribute and store

• Keep a full copy of your filed package in the case file.
• Save a digital copy with all exhibits, labeled by date.
• Train your team on storing redacted and unredacted versions appropriately.

8) Track timelines

• Calendar any return dates or deadlines set by the court.
• Set a reminder to refresh status checks if the default is delayed.
• Note the age of your status report to avoid staleness.

9) Close the loop

• When the court rules on your default request, update your records.
• If judgment enters, confirm that the file contains CIV-GP-100 and proof.
• If the default is denied, review the reasons, correct issues, and refile as needed.

The goal is simple: show the court you checked the defendant’s status the right way. Keep your investigation current. Attach clear proof. Sign CIV-GP-100 accurately, file it with your default papers, and respond quickly to any court requests. That approach moves your case forward without avoidable delays.