Miscellaneous

Yuba Superior Court: An Attorney for a Service Member in a Family Case

In a Yuba County family law case where the respondent is in the military and has not appeared after the time to answer runs out, the petitioner must apply on the court's mandatory local form FL03004 for the court to appoint an attorney for the service member under the Servicemembers Civil Relief Act before a default; the form still cites the old appendix section 520, which the Code has carried as 50 U.S.C. 3931 since 2015.

Also called: Servicemembers Civil Relief Act, SCRA, default, family law, attorney appointment, FL03004, Superior Court, divorce, custody, 3931, 520(1), Marysville, Wheatland, Olivehurst, Linda, Plumas Lake, Beale Air Force Base, Browns Valley, Loma Rica, Dobbins, Camptonville, Smartsville, Oregon House, Brownsville.

For: Veteran or service member.

Where it applies

Written for the jurisdictions listed here.

The court's form. The Superior Court of California, County of Yuba's local form FL03004, "Ex Parte Application and Declaration re Appointment of Attorney for Military" ("Form Adopted for Mandatory Use", effective July 1, 2003, revised January 4, 2017): the petitioner "applies for appointment of an attorney for respondent in the above-entitled matter pursuant to Title 50 of the United States Code, Appendix Section 520(1)", declaring under penalty of perjury the respondent's branch and service mailing address, how and when the respondent was served, that "The time for respondent to plead expired", and that "respondent has not made any appearance, nor has any pleading been filed on his/her behalf". What it protects. The federal rule is the Servicemembers Civil Relief Act's protection against default judgments: before a default against a defendant in military service, the court must appoint an attorney to represent the service member (50 U.S.C. 3931(b)(2); the 2003 Act renumbered the old appendix section 520 as section 201, which the Code moved to title 50 proper as section 3931 in 2015, and the form still prints the old citation). A service member who has been served in a Yuba County family case should contact the court or a military legal assistance office rather than let the time to respond pass; the court can also stay the case under the Act. Where. Superior Court of California, County of Yuba, 215 5th Street, Suite 200, Marysville, CA 95901; (530) 740-1800.

Thresholds

Thresholds for Yuba Superior Court: An Attorney for a Service Member in a Family Case
GateRule
Service members who are respondents in Yuba County family casesActive military service when the case is filed; no rating is involved.

Sources

Updated

Last updated .

What changed then:

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Disclaimer

VetTOC is not affiliated with the U.S. Department of Veterans Affairs or the Department of Defense. Information is for reference only and is not an eligibility determination. Verify with VA, the relevant state or territory, or an accredited VSO.