Massachusetts Form MPC 260, the Military Affidavit, is the sworn statement filed in the Massachusetts Probate and Family Court that tells a judge whether the opposing party is on active military duty before the court enters a default judgment. Every plaintiff, petitioner, or moving party who wants a default decree in a divorce, custody, paternity, guardianship, conservatorship, or probate matter must file this form because the federal Servicemembers Civil Relief Act (SCRA, 50 U.S.C. § 3931) forbids default judgments against active-duty servicemembers without extra protections.
Filing the wrong answer, leaving the affidavit blank, or skipping the Department of Defense Manpower Data Center (DMDC) search can void your judgment, expose you to a criminal penalty under 50 U.S.C. § 3931(c), and force you to start the case over. The current revision of the form is dated 7/1/2012 and is published as a fillable PDF on the official mass.gov MPC 260 page. The DMDC processes more than 25 million SCRA status verifications each year, and Massachusetts probate courts reject thousands of military affidavits annually for missing signatures, missing DMDC printouts, or inconsistent docket numbers, so this guide walks you through every box, every channel, and every pitfall.
In this article you will learn:
- 📝 What MPC 260 is, who must sign it, and the exact case types where it is required
- 🪖 How to run a free SCRA search on the DMDC portal and attach the results correctly
- 🖊️ A line-by-line walkthrough of every field, box, and signature block on the form
- 👨👩👧 Three full filled-out examples for divorce, guardianship, and probate scenarios
- 📬 How to file by mail, in person, or through the eFileMA portal, plus what happens after you file
What MPC 260 Is and Who Must File It
Massachusetts Form MPC 260 is the Military Affidavit used by the Probate and Family Court Department of the Massachusetts Trial Court. It is a one-page sworn statement where the moving party tells the court, under the pains and penalties of perjury, whether the opposing party is on active duty in the United States military. The form exists because the federal Servicemembers Civil Relief Act at 50 U.S.C. § 3931 bars any court from entering a default judgment against a servicemember unless the plaintiff first files a sworn affidavit about that person’s military status.
You must file MPC 260 in every Probate and Family Court matter where you ask the court for a default judgment, default decree, or default order. That covers divorce complaints under G.L. c. 208, separate support actions under G.L. c. 209, paternity actions under G.L. c. 209C, guardianship and conservatorship petitions under the Massachusetts Uniform Probate Code, modifications, contempts, and informal or formal probate cases when an interested party fails to appear.
Five common filer profiles all use this same form. Janet, a 56-year-old wife filing for divorce after her husband disappeared two years ago, must file MPC 260 to get a default decree. Marcus, a son petitioning to become guardian of his incapacitated mother, files MPC 260 about his estranged brother who failed to respond. Aisha, a mother filing a paternity complaint, files MPC 260 about the alleged father who never answered. Carlos, an estate attorney moving for a default in a will contest, files MPC 260 about the absent heir. Linh, a wife filing a complaint for separate support, files MPC 260 about her husband whose address is unknown.
The agency that receives the form is the Probate and Family Court division for the county where your case is pending. The judge or assistant register reviews the affidavit before signing the judgment of divorce nisi, the decree, or the order. If the affidavit is missing, the clerk will not enter the default. If the affidavit lies, the filer can be charged under 50 U.S.C. § 3931(c) with a fine, imprisonment up to one year, or both.
Before You Start: Documents and Information You Need
Before you open the fillable MPC 260 PDF, gather every piece of information the form and its supporting attachments require. The single most common reason this affidavit gets rejected is that the filer guesses at military status instead of running the free DMDC SCRA search. The clerk will not accept a checked box without the printout that backs it up.
Use this pre-filing checklist and gather all eight items before you start:
- The exact docket number assigned by the Probate and Family Court when you opened the case, because a wrong digit will route the affidavit to the wrong file and your default will not enter.
- The full legal name of the opposing party as it appears on the complaint or petition, because a name mismatch breaks the DMDC search and the clerk will reject the printout.
- The opposing party’s date of birth or Social Security number, because the DMDC portal requires one of these to return a valid certificate.
- The county and division of the Probate and Family Court (for example, Middlesex, Suffolk, Worcester), because the caption block must match the court where the case is filed.
- Your own full legal name, mailing address, and telephone number as the affiant, because the notary must verify your identity against a government ID that matches.
- The DMDC Status Report PDF, signed and dated, because Massachusetts judges expect the printout stapled behind the affidavit as the evidence supporting your sworn answer.
- A valid government-issued photo ID such as a Massachusetts driver’s license or U.S. passport, because every affidavit must be notarized and the notary will refuse to act without ID.
- A black or blue ink pen and a notary public, because the form is signed under the pains and penalties of perjury and an unnotarized form is void.
Do not start filling out the form until you have run the DMDC search and printed the certificate. Janet learned this the hard way when she filed her divorce affidavit without the printout, and the Middlesex Probate Court returned her judgment package three weeks before her hearing.
Where to Get the Form and How to Access It
The only authoritative copy of MPC 260 is the fillable PDF posted on the Massachusetts Trial Court website. Download it directly from the official MPC 260 page on mass.gov so you know you have the current 7/1/2012 revision. Do not download the form from third-party form mills, blog posts, or PDF aggregator sites because older revisions still float around online and the clerk will reject any version that does not match the court’s master file.
You have three ways to obtain a clean, blank copy of MPC 260. The first is the digital fillable PDF from mass.gov forms by trial court department, which lets you type entries directly into the boxes before printing. The second is to pick up a paper copy at the front counter of any Probate and Family Court Registry in Massachusetts, where staff keep stacks for walk-in filers. The third is the eFileMA filing portal, which auto-attaches the current form when you start a probate or family law e-filing.
Print the form on standard 8.5-by-11-inch white paper, single-sided, in black ink. Do not shrink, scale, or print two pages per sheet, because the clerk’s docketing scanner needs the full-size original. Marcus once printed his guardianship MPC 260 at 90% scale to fit a header note he added, and the Suffolk Probate Court rejected it because the OCR strip at the bottom no longer aligned. Always print fresh from the official PDF, never photocopy a photocopy, and keep one extra clean blank in case you make a writing mistake.
If you are filing electronically through eFileMA, the system accepts the form as a PDF attachment and does not let you submit a Word document or photo. The portal also requires that the notarization be visible on the scanned page, so you must complete and notarize the paper version first, then scan the signed copy and upload it.
Step-by-Step: How to Fill Out MPC 260 Line by Line
The form has a caption block at the top, a numbered statement section in the middle, and a signature and notarization block at the bottom. Fill it out in the exact order printed on the form. Use the exact field names from the official 7/1/2012 revision. Sample entries below are italicized so you can tell them apart from the instructions.
Field 1: The Commonwealth of Massachusetts Caption
The caption is the heading at the very top of the form that identifies the court, the county, and the division. It reads “Commonwealth of Massachusetts, The Trial Court, Probate and Family Court Department” and includes a blank line for the Division.
To fill it out, write the name of the county Probate and Family Court Division where your case is filed in the blank labeled “Division.” Use the full division name in capital letters, such as MIDDLESEX, SUFFOLK, or WORCESTER. Do not write “County” after the name because the form already says “Division.”
For example, Janet Caruso, who filed her divorce in Cambridge, writes MIDDLESEX in the Division line.
A nuance arises when your case was transferred between divisions. Use the division where the case currently sits, not where it was filed originally, because the docket number you write below must match the current court of record.
A common mistake is writing the wrong division, such as writing “Norfolk” when your divorce is pending in Suffolk because you live in Quincy but filed in Boston. The consequence is that the clerk routes your affidavit to the wrong courthouse and your default judgment is delayed by weeks.
A misconception filers carry is that the division is set by their home address. It is not. The division is set by the court where the complaint was filed and accepted, regardless of where either party lives now.
Field 2: Docket Number
The docket number box appears in the upper right corner of the form and is labeled “Docket No.” This is the unique case number the clerk assigned when you filed the original complaint or petition.
Write the docket number exactly as it appears on your complaint, in the format the court uses. Massachusetts Probate and Family Court docket numbers follow the pattern 24D1234DR for divorce, 24P1234GD for guardianship, 24W1234PA for paternity, and 24P1234EA for probate of an estate. Match the year, the division code, the four-digit sequence number, and the case-type suffix exactly.
For example, Marcus Reid, who filed a guardianship petition in Suffolk in 2024, writes 24P0876GD in the Docket No. box.
A nuance is that some older cases use only six characters or different suffixes. Always copy the docket number from the most recent court-stamped pleading, not from your own notes.
A common mistake is transposing two digits, such as writing 24P0867GD instead of 24P0876GD. The consequence is that the affidavit gets filed in another family’s case file and your default cannot be entered until you correct it.
A misconception is that the docket number changes when the case is reassigned to a new judge. It does not. The docket number stays with the case for its entire life.
Field 3: Plaintiff/Petitioner Name
The form has a caption block listing “Plaintiff” or “Petitioner” on the left and “Defendant” or “Respondent” on the right. The plaintiff or petitioner is the party who filed the case and who is now signing this affidavit.
Write your full legal name as it appears on the complaint or petition, first name then middle name then last name, with no nicknames. Use the same spelling and order on every pleading because the court matches names across documents.
For example, Aisha Marie Thompson writes Aisha Marie Thompson in the Plaintiff line, not A. Thompson or Aisha Thompson-Greene.
A nuance is that if you have legally changed your name during the case, write the name on the original complaint and add the new name in parentheses, such as Aisha Marie Thompson (n/k/a Aisha Marie Greene).
A common mistake is dropping a middle name on the affidavit when it appears on the complaint. The consequence is that the docket entry will not match and the clerk may treat the affidavit as filed in a different case.
A misconception is that the plaintiff and the affiant must be the same person. They usually are, but a guardian ad litem, an attorney-in-fact, or a personal representative can sign as affiant on behalf of the plaintiff.
Field 4: Defendant/Respondent Name
The right side of the caption identifies the opposing party. This is the person whose military status you are swearing about.
Write the defendant’s or respondent’s full legal name exactly as it appears on the complaint, petition, or summons. The name you write here must match the name you used to run the DMDC SCRA search, because any spelling difference between the form and the printout gives the judge grounds to reject the affidavit.
For example, Carlos Estevez, the absent heir in a probate matter, appears on the form as Carlos Miguel Estevez, matching the will and the DMDC certificate.
A nuance is that if the defendant uses a junior, senior, or numerical suffix, include it. Robert Lee Jackson Jr. and Robert Lee Jackson Sr. are different people for SCRA purposes and the DMDC search must reflect the correct one.
A common mistake is using a nickname or informal name like Bob Jackson on the affidavit when the complaint says Robert Lee Jackson Jr. The consequence is that the clerk will not match the affidavit to the case and the default will be denied.
A misconception is that you can guess the spelling if you do not have the defendant’s exact name. You cannot. If you do not know the exact legal name, the DMDC SCRA portal will not return a valid certificate and you must serve the defendant with discovery or a court motion to obtain it.
Field 5: Affiant Identification Sentence
The first numbered statement on the form reads, in substance, “I, [name], being duly sworn, depose and say:” followed by the affiant’s address and relationship to the case.
Write your full legal name in the blank, followed by your residential street address, city, state, and ZIP code. Use the address where you actually live, because the notary must confirm it against your photo ID. Do not use a P.O. Box for this line because the form is asking for residence, not mailing address.
For example, Linh Nguyen, who lives in Lowell, writes I, Linh Nguyen, of 47 Bridge Street, Lowell, Massachusetts 01852, being duly sworn, depose and say.
A nuance is that if you are an attorney signing on a client’s behalf, write your law office address and add your BBO number after your name, such as I, Patricia Hall, Esq., BBO #555123, of 100 State Street, Boston, MA 02109.
A common mistake is writing only the city and state without the street address. The consequence is that a notary cannot verify residence and may refuse to notarize, voiding the affidavit.
A misconception is that the affiant must be a Massachusetts resident. The affiant must have personal knowledge of the defendant’s status, but can live anywhere as long as a notary public commissioned in that jurisdiction administers the oath.
Field 6: Statement of Military Status (The Three Boxes)
The heart of MPC 260 is the numbered paragraph where the affiant must check one of three boxes describing the defendant’s or respondent’s military status. The three options are: (1) the party is in the active military service of the United States, (2) the party is not in the active military service of the United States, and (3) the affiant is unable to determine whether the party is in the active military service.
To fill it out, run the DMDC SCRA single-record search using the defendant’s full legal name and date of birth or Social Security number. Print the resulting Status Report PDF. Check exactly one of the three boxes based on the printout. If the report says “Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty,” check box 2. If the report shows active duty service, check box 1. If you have no SSN and no birth date and the search returns “unable to determine,” check box 3.
For example, Janet Caruso runs the DMDC search on her husband Daniel Caruso using his Social Security number, gets a “not on active duty” certificate, and checks box 2 on her MPC 260.
A nuance is that “active duty” includes regular full-time service plus active National Guard or Reserve duty under a federal call-up of 30 or more consecutive days. A weekend drill does not count. The DMDC report tells you which.
A common mistake is checking box 2 because the filer “knows” the defendant is not in the military without ever running the DMDC search. The consequence is that the judge may treat the affidavit as false, deny the default, and refer the filer for prosecution under 50 U.S.C. § 3931(c).
A misconception is that box 3 (“unable to determine”) is a safe middle option. It is not. If you check box 3, the court will require you to post a bond under 50 U.S.C. § 3931(b)(3) before any default enters, and many judges will instead appoint an attorney to represent the absent party at the plaintiff’s expense.
Field 7: Source of Knowledge
Below the checkboxes, the form asks the affiant to state the basis for the answer. This is a short narrative line where you explain how you know what you checked.
Write a brief sentence describing the evidence supporting your answer, and reference the attached DMDC printout. A typical entry reads Based upon a search of the Department of Defense Manpower Data Center performed on 04/12/2026, results attached hereto as Exhibit A. Use the date of the DMDC search, not the date of the affidavit signing, because the search must be recent.
For example, Marcus Reid writes Based on personal knowledge that respondent has lived at 12 Elm Street, Quincy, MA continuously since 2015, and a DMDC SCRA search dated 03/05/2026 attached as Exhibit A.
A nuance is that for box 3 (“unable to determine”), you must explain what you tried and why you could not get a definitive answer. List the missing data, such as no known SSN and no known date of birth.
A common mistake is leaving this line blank or writing “personal knowledge” alone. The consequence is that judges who follow strict SCRA practice (especially Suffolk and Middlesex divisions) will return the affidavit unsigned for lack of foundation.
A misconception is that the DMDC printout speaks for itself and the narrative line is optional. It is not optional. The narrative ties the printout to your sworn statement and lets the judge see your reasoning.
Field 8: Signature of Affiant
The signature line appears below the numbered statement and reads “Signature of Affiant” or simply has a signature line above the printed name and date.
Sign your full legal name in blue or black ink in the presence of a notary public. Print your name underneath if the form has a printed-name line, and write the date of signing in MM/DD/YYYY format. Do not sign the form before you reach the notary, because the notary must witness the signature for the jurat to be valid.
For example, Aisha Marie Thompson signs Aisha M. Thompson, prints AISHA MARIE THOMPSON, and writes 04/22/2026.
A nuance is that electronic signatures are not accepted on the paper version filed at the registry. They are accepted on the eFileMA upload only if the underlying paper was wet-signed and notarized first, then scanned.
A common mistake is signing in advance and bringing the pre-signed form to the notary. The consequence is that the notary must refuse to notarize, and any notary who notarizes a pre-signed document violates G.L. c. 222, § 16.
A misconception is that a witness signature is enough. It is not. MPC 260 requires a notarial jurat, not just a witness, because it is sworn under the pains and penalties of perjury.
Field 9: Notary Jurat Block
At the bottom of the form is the notary block, which contains the words “Sworn to and subscribed before me this ___ day of _, 20,” followed by the notary’s signature, printed name, commission expiration date, and seal area.
Bring the unsigned form to a notary public, sign it in the notary’s presence, and let the notary complete the jurat. The notary fills in the day, month, and year, signs, prints their name, writes the commission expiration date, and applies the notary stamp or embosser. The notary must verify your identity with a government-issued photo ID.
For example, Carlos Estevez signs the affidavit at a UPS Store notary, and the notary completes the jurat as Sworn to and subscribed before me this 22nd day of April, 2026 with the official seal.
A nuance is that an out-of-state notary is allowed under G.L. c. 222, § 5, but the jurat must include the notary’s state and commission expiration. Massachusetts banks, AAA offices, and town clerks all offer free or low-cost notary service.
A common mistake is using a notary who forgets to apply the seal or write the commission expiration date. The consequence is that the clerk treats the affidavit as unsworn and rejects the default request.
A misconception is that a Massachusetts justice of the peace can substitute for a notary on this form. They cannot for SCRA purposes; the jurat must be a notarial act.
Field 10: Attached DMDC Status Report (Exhibit A)
Although the printed form does not have a numbered field for the DMDC printout, every Probate and Family Court division now treats the printout as a required attachment.
Print the DMDC Status Report PDF directly from scra.dmdc.osd.mil on the same day you sign the affidavit, label it Exhibit A, and staple it to the back of MPC 260. Make sure the report shows the defendant’s full name, the search date, the certificate number, and the digital signature block from DMDC.
For example, Janet Caruso attaches a DMDC certificate dated 04/22/2026 showing DANIEL J. CARUSO, DOB 06/14/1968, NOT ON ACTIVE DUTY.
A nuance is that the DMDC certificate is valid only on the date of issue. Do not attach a printout more than 30 days old, because some judges (especially in Worcester and Plymouth divisions) require a fresh search.
A common mistake is attaching a screenshot instead of the official PDF. The consequence is that the judge cannot verify the digital signature and the affidavit fails.
A misconception is that the SCRA website charges a fee. It does not. The DMDC single-record search has been free since the SCRA Centralized Verification Service launched.
Three Filled-Out Examples Using Real Scenarios
Below are three full walkthroughs that show how three different filers complete MPC 260 from start to finish. Each filer follows the same form but uses different facts and a different case type.
Scenario 1: Janet Caruso, Divorce Default After Husband Disappears
Janet filed for divorce in Middlesex in January 2026 after her husband Daniel left and stopped responding to mail. She served him by publication and is now moving for a default judgment.
| Form Section | What Janet Enters |
|---|---|
| Division | MIDDLESEX |
| Docket No. | 26D0142DR |
| Plaintiff | Janet Marie Caruso |
| Defendant | Daniel Joseph Caruso |
| Affiant address | I, Janet Marie Caruso, of 88 Maple Street, Cambridge, MA 02138 |
| Military status box checked | Box 2 — not in active military service |
| Source of knowledge | Based on DMDC SCRA search dated 04/22/2026, attached as Exhibit A |
| Signature and date | Janet M. Caruso, 04/22/2026 |
| Notary jurat | Sworn this 22nd day of April 2026, Notary Linda Park, comm. exp. 09/14/2028 |
| Attachment | Exhibit A — DMDC Status Report dated 04/22/2026 |
Scenario 2: Marcus Reid, Guardianship of Incapacitated Mother
Marcus filed a petition for appointment as guardian of his mother in Suffolk Probate Court. His estranged brother Anthony was served but never filed an appearance. Marcus needs MPC 260 to support a default decree.
| Form Section | What Marcus Enters |
|---|---|
| Division | SUFFOLK |
| Docket No. | 26P0876GD |
| Petitioner | Marcus Devon Reid |
| Respondent (interested person) | Anthony Lamar Reid |
| Affiant address | I, Marcus Devon Reid, of 14 Bowdoin Street, Boston, MA 02114 |
| Military status box checked | Box 2 — not in active military service |
| Source of knowledge | Personal knowledge that respondent has worked at Boston Public Schools since 2008, plus DMDC search 04/15/2026 |
| Signature and date | Marcus D. Reid, 04/22/2026 |
| Notary jurat | Sworn 22 April 2026, Notary James O’Connell, comm. exp. 03/30/2027 |
| Attachment | Exhibit A — DMDC Status Report dated 04/15/2026 |
Scenario 3: Carlos Estevez, Formal Probate of Will With Absent Heir
Carlos is the personal representative of his late aunt’s estate. One heir, his cousin Miguel, was served by certified mail and never appeared. Carlos files MPC 260 in Worcester Probate Court before moving for a default in the will allowance.
| Form Section | What Carlos Enters |
|---|---|
| Division | WORCESTER |
| Docket No. | 26P0431EA |
| Petitioner | Carlos Miguel Estevez |
| Interested party | Miguel Antonio Estevez |
| Affiant address | I, Carlos Miguel Estevez, of 221 Main Street, Worcester, MA 01608 |
| Military status box checked | Box 3 — unable to determine |
| Source of knowledge | No SSN or DOB available; DMDC search 04/20/2026 returned “unable to verify” |
| Signature and date | Carlos M. Estevez, 04/22/2026 |
| Notary jurat | Sworn 22 April 2026, Notary Renee Boudreau, comm. exp. 11/02/2029 |
| Attachment | Exhibit A — DMDC “Unable to Verify” certificate 04/20/2026 |
How to File the Completed Form
You can file MPC 260 with your default motion package through three channels: in person at the Registry, by U.S. mail, or electronically through the eFileMA portal. Each channel has different fees, processing times, and proof-of-filing rules. Choose the channel that matches how you filed the rest of your case.
To file in person, take the original signed and notarized MPC 260 and the stapled DMDC printout to the Probate and Family Court Registry for the county where your case is pending. Counter hours are typically 8:30 a.m. to 4:30 p.m. There is no separate fee for filing the affidavit itself, although default motions may carry a motion fee under the Probate and Family Court fee schedule (currently $0–$100 depending on the case type, payable by cash, check, money order, or credit card). The clerk date-stamps a copy as your proof of filing, and processing time is usually same-day for review and 1–3 weeks before a judge signs the default.
To file by mail, send the original signed and notarized MPC 260 with the DMDC printout to the same Registry by U.S. Postal Service, FedEx, or UPS. Use certified mail with return receipt as your proof of filing. Include a self-addressed stamped envelope and a copy of the affidavit if you want a date-stamped copy returned. There is no fee to mail the affidavit itself. Processing time runs 5–10 business days from receipt.
To file electronically, use eFileMA, the Tyler Technologies portal authorized for Massachusetts probate and family law cases. Upload MPC 260 as a PDF with the DMDC certificate combined into one file or attached as a separate exhibit. The portal charges a vendor fee of approximately $7 per envelope plus court fees if any apply. Accepted payment is by credit or debit card. Processing time is usually 1–3 business days, and your filing receipt email is your proof of filing. Keep a digital copy and a paper copy in your records for at least the duration of your case plus seven years.
What Happens After You File
Once MPC 260 is filed, the clerk’s office reviews it for completeness, including the notary jurat, the checked box, and the DMDC attachment. If everything is in order, the clerk forwards the file to the judge or assistant register for action on the default request. If the affidavit is incomplete, the clerk issues a notice of deficiency and gives you a short window (often 30 days) to correct it.
If you checked box 2 (not in active military service), the judge typically signs the default judgment within 1–4 weeks of filing in most divisions. The court mails a copy of the signed judgment to all parties of record at the addresses on file. Janet received her judgment of divorce nisi 18 days after filing her MPC 260, and the 90-day nisi period began on the date of the judge’s signature under G.L. c. 208, § 21.
If you checked box 1 (in active military service), the court will not enter a default and will instead apply the SCRA stay provisions. The judge may stay the case for at least 90 days under 50 U.S.C. § 3932 and may appoint counsel to represent the servicemember. You cannot move forward with a default judgment until the servicemember waives SCRA protection in writing or the active duty period ends.
If you checked box 3 (unable to determine), the judge will typically require you to post a bond under 50 U.S.C. § 3931(b)(3) to indemnify the defendant in case the default is later set aside. The court may also appoint an attorney for the absent defendant whose fees you must pay before the default can enter. Carlos posted a $500 bond and paid $750 in appointed counsel fees before the Worcester court signed the default decree on the will.
Mistakes to Avoid When Filling Out the Form
Even careful filers slip on MPC 260 because the form looks short but the legal stakes are high. Watch for each of these errors and fix them before filing.
- Leaving all three checkboxes blank, which makes the affidavit meaningless and forces the clerk to return it.
- Checking two boxes at once because the filer is uncertain, which contradicts the sworn statement and voids the affidavit.
- Skipping the DMDC search and guessing at military status, which violates 50 U.S.C. § 3931 and exposes the filer to perjury and criminal liability.
- Using an old DMDC printout from a prior case, which makes the search date stale and gives the judge grounds to reject it.
- Writing the wrong docket number, which sends the affidavit to the wrong file and delays the default by weeks.
- Spelling the defendant’s name differently on MPC 260 than on the DMDC search, which breaks the chain of evidence.
- Signing the affidavit before reaching the notary, which forces the notary to refuse and voids the document.
- Using a justice of the peace or a witness instead of a notary public, which fails the jurat requirement.
- Forgetting to attach the DMDC Status Report as Exhibit A, which leaves the affidavit unsupported.
- Filing the affidavit alone without a motion for default, which leaves the file in limbo because the clerk has no pending request to act on.
Do’s and Don’ts
These quick rules keep MPC 260 on track from drafting through judgment.
- Do download the form fresh from the official mass.gov MPC 260 page so you have the current 7/1/2012 revision.
- Do run the free DMDC SCRA search within 30 days of signing because the certificate is dated and judges expect freshness.
- Do match the defendant’s name on the form to the name on the DMDC certificate, character for character, because mismatches break SCRA evidence.
- Do staple the DMDC certificate to the back of the affidavit and label it Exhibit A so the judge sees the basis for your answer.
- Do sign in front of a notary public in blue or black ink, because the jurat is what makes the statement sworn.
- Do keep a date-stamped copy or filing receipt for at least seven years in case the default is later challenged.
These actions sink filings and should never appear on your MPC 260.
- Don’t check box 2 unless your DMDC printout supports it, because false affidavits carry criminal penalties under 50 U.S.C. § 3931(c).
- Don’t use whiteout, correction tape, or strike-throughs on the form, because the clerk will treat alterations as fatal defects.
- Don’t fill in the notary jurat yourself, because only the notary may complete that block.
- Don’t file MPC 260 before the defendant’s answer deadline has passed, because there is no default to support yet.
- Don’t rely on a third-party “form filling service” website, because their templates are often outdated and not accepted by Massachusetts courts.
- Don’t file by email or fax, because the Probate and Family Court does not accept email or fax filings for sworn documents.
Pros and Cons of Filing on Your Own vs. With Help
Many filers fill out MPC 260 themselves, but the choice depends on the complexity of the underlying case. Here is the trade-off.
Filing pro se has these advantages.
- It saves the cost of attorney fees, which in Massachusetts run $250–$500 per hour for family lawyers.
- It keeps you in direct control of the timeline and the language of the affidavit.
- It teaches you the SCRA process, which helps if you have other defaults or service-by-publication issues.
- It lets you respond quickly when DMDC search results come back, without scheduling around a lawyer’s calendar.
- It is workable for simple cases like Marcus’s guardianship where the defendant’s name and date of birth are well known.
Filing pro se has these drawbacks.
- A single mistake on the jurat or the box can void the affidavit and force you to refile.
- You must learn to read the DMDC certificate and tie it to the right SCRA box.
- You bear the full risk of criminal liability under 50 U.S.C. § 3931(c) if your sworn answer is wrong.
- Some judges scrutinize pro se affidavits more closely, especially when they trigger box 3.
- If the defendant later challenges the default under G.L. c. 215, § 6 or 50 U.S.C. § 3931(g), you handle the challenge alone.
If your case involves a defendant who may actually be in the military, an out-of-state notary, or a guardian ad litem signing for someone else, hiring a Massachusetts family lawyer for the affidavit alone often costs less than $300 and removes the largest risks.
MPC 260 Filing Channels Compared
Use this side-by-side to choose between in-person, mail, and online filing.
| Channel | What to Expect |
|---|---|
| In person at Registry | Same-day clerk review, free affidavit filing, cash/check/credit accepted, date-stamped copy as proof |
| U.S. mail | 5–10 business day processing, free filing, certified mail return receipt as proof, no in-person trip |
| eFileMA portal | 1–3 business day processing, ~$7 vendor fee, credit/debit only, email receipt as proof, scan must show notary seal |
FAQs
Is MPC 260 required even if I know the defendant is not in the military?
Yes. Massachusetts Probate and Family Court requires MPC 260 for every default request, even when both parties are clearly civilians, because the federal SCRA at 50 U.S.C. § 3931 applies to all civil court defaults.
Do I have to attach a DMDC printout to MPC 260?
Yes. Most divisions now require the DMDC Status Report as Exhibit A because the printout is the only objective proof that supports your sworn answer about military status.
Can I file MPC 260 by email or fax?
No. The Probate and Family Court accepts MPC 260 only in person, by mail, or through the eFileMA portal, because sworn affidavits must be filed as originals or notarized scans.
Do I write my full middle name in the Plaintiff box?
Yes. Use the exact full legal name from the original complaint or petition, including the middle name, because the docketing system matches names letter for letter across pleadings.
Should I write the defendant’s nickname on the form?
No. Use only the defendant’s full legal name as it appears on the complaint and the DMDC certificate, because nicknames break the SCRA evidence chain.
Do I check box 3 if I cannot find the defendant’s Social Security number?
Yes. Check box 3 only if you genuinely cannot determine status because key identifiers are missing, but expect the judge to require a bond and possibly appointed counsel.
Is a justice of the peace acceptable for the notary block?
No. MPC 260 requires a notary public jurat, not a justice of the peace acknowledgment, because SCRA affidavits must be sworn under penalty of perjury before a notary.
Can I sign MPC 260 electronically through eFileMA?
No. You must sign the paper form in front of a notary, then scan the notarized original for upload, because electronic signatures alone do not satisfy the jurat requirement.
Do I file a new MPC 260 if the case drags on for a year?
Yes. File a fresh affidavit with a current DMDC search anytime your default request is more than 30 days old, because stale certificates often get rejected.
Is there a filing fee for MPC 260?
No. The affidavit itself carries no filing fee, although the underlying motion for default may have a fee under the Probate and Family Court schedule.
Do I need to serve MPC 260 on the defendant?
Yes. Serve a copy on the defendant at the last known address along with the default motion, because Mass. R. Dom. Rel. P. 5 requires service of all post-complaint pleadings.
Can my attorney sign MPC 260 for me?
Yes. An attorney with personal knowledge of the military status investigation can sign as affiant, but the attorney must include the BBO number and address and must be the one before the notary.
Will the judge enter a default the same day I file MPC 260?
No. Most divisions take 1–4 weeks to review and sign default judgments after MPC 260 is filed, depending on caseload and whether you checked box 2 or box 3.
Is MPC 260 used outside Probate and Family Court?
No. MPC 260 is specific to Probate and Family Court matters; District, Superior, and Housing Court cases use their own military affidavit forms under the same SCRA rule.
Related reading
- How to Fill Out Massachusetts Form MPC 160 (w/Examples) + FAQs
- How to Fill Out Massachusetts Form MPC 162 (w/Examples) + FAQs
- How to Fill Out Massachusetts Form MPC 170 (w/Examples) + FAQs
- How to Fill Out Massachusetts Form MPC 240 (w/Examples) + FAQs
- How to Fill Out Massachusetts Form MPC 401 (w/Examples) + FAQs
- How to Fill Out the Massachusetts Land Court Servicemembers Affidavit + FAQs
- How to Fill Out Michigan Form PC 570 (w/Examples) + FAQs