How to Fill Out North Carolina Form AOC-CV-402 (w/Examples) + FAQs

North Carolina Form AOC-CV-402 is the Servicemembers Civil Relief Act (SCRA) Affidavit as to Military Service that a plaintiff (or the plaintiff’s attorney) files with the Clerk of Superior Court before the court can enter a default judgment against a defendant who has not answered. The affidavit tells the judge whether the missing defendant is in the U.S. military, because federal law in 50 U.S.C. § 3931 bars a default judgment until the court is sure the defendant’s military status has been checked.

If you skip this affidavit, the clerk will refuse to enter default, and any judgment you do squeeze through can be set aside later. The North Carolina Administrative Office of the Courts publishes the current version on the official AOC-CV-402 page, and most filers should pull the latest revision (the form has carried a 2018 revision date through 2026 printings) before they start.

According to the North Carolina Judicial Branch annual statistics, trial-court divisions handle more than 2.4 million civil filings per year, and clerks reject thousands of default packets each year for missing or defective SCRA affidavits — a single blank box on AOC-CV-402 is one of the top reasons a default packet bounces back.

Here is what you will learn in this guide:

  • 📝 How to fill out every box on AOC-CV-402 line by line, with sample entries
  • ⚖️ How the federal SCRA and N.C. Rule 55 work together to protect absent servicemembers
  • 🪖 How to pull and attach the Defense Manpower Data Center (DMDC) SCRA results certificate
  • 📬 How to file the affidavit by mail, in person, and through North Carolina eCourts File & Serve
  • 🚫 The 10 most common mistakes that get default judgments thrown out years later

What AOC-CV-402 Is and Who Must File It

AOC-CV-402 is a sworn statement that tells the North Carolina court whether the defendant in a civil case is on active military duty. The plaintiff, the plaintiff’s lawyer, or another person with personal knowledge signs it under oath in front of a notary or a clerk. The affidavit is required by N.C. Gen. Stat. § 1A-1, Rule 55 and the federal Servicemembers Civil Relief Act, which together force every plaintiff seeking a default to confirm military status first.

You must file AOC-CV-402 anytime you ask the clerk or a judge to enter default or default judgment against a defendant who has not appeared. That includes plaintiffs in collection lawsuits, absolute divorce plaintiffs, child custody and support plaintiffs, summary ejectment landlords, foreclosure trustees, and any other civil claimant chasing a default remedy.

You do not file AOC-CV-402 if the defendant has answered, appeared, or signed a waiver. You also do not file it in criminal cases, in juvenile A/N/D cases, or in pure equitable actions where no money judgment is sought against an absent party. The form follows the lawsuit, not the lawyer, so even pro se filers must complete it.

The agency that receives the affidavit is the Clerk of Superior Court in the county where the action is pending. The clerk indexes the affidavit in the case file, checks it against Rule 55, and either accepts it or rejects it on the spot. A rejected affidavit blocks the entire default process until you fix and refile it.


Before You Start: Documents and Information You Need

Before you open AOC-CV-402, gather everything you will need in one place. Filers who try to fill the form in pieces almost always misspell a defendant’s name or guess at a date and have to redo the notary step. The pre-filing checklist below is the one a seasoned paralegal would build for a default packet under Rule 55.

  • The case caption. You need the exact county, file number, division, plaintiff’s full legal name, and defendant’s full legal name as they appear on the complaint. A mismatched caption is the number-one reason clerks reject the affidavit.
  • The defendant’s full legal name and any aliases. The DMDC database is searched by name and Social Security number or date of birth, so aliases matter. Missing aliases produce a “no match” that hides real military status.
  • The defendant’s date of birth or Social Security number. You need at least one of these to run a reliable SCRA.gov search. Without one, the DMDC will return only a name-based result that the clerk may treat as insufficient.
  • The DMDC SCRA single-record results certificate. Print the PDF the website returns. The certificate is dated and signed by the DMDC director and is the proof you attach to the affidavit.
  • The complaint and the proof of service. The clerk cross-checks the affidavit against the service date to confirm the answer period has run. If service is defective, the affidavit cannot save the default.
  • A government-issued photo ID for the affiant. The notary will not notarize without it. Expired IDs are rejected under N.C. Gen. Stat. Chapter 10B.
  • A working pen with black or blue ink. Clerks reject pencil and red ink because both photocopy poorly and red ink looks like a court stamp.
  • The current revision of AOC-CV-402. Always pull the form fresh from the NC Courts forms library the day you file. Older revisions floating around the internet may be missing the current SCRA citation.
  • The filing fee, if any. Most counties do not charge a separate fee for the affidavit, but a default judgment package may carry a fee under the NC court costs schedule.

If any item is missing, stop and gather it. A defective affidavit is worse than no affidavit, because it can be used later to vacate the judgment under 50 U.S.C. § 3931(g).


Where to Get the Form and How to Access It

The only safe source for AOC-CV-402 is the North Carolina Administrative Office of the Courts. You can download the fillable PDF directly from the AOC-CV-402 form page. The page lists the current revision date in the upper-right corner of the PDF, which you should match against any printed copy in your file.

You can also pick up a paper copy at any Clerk of Superior Court office during business hours. Clerks keep small stacks of common civil forms, and AOC-CV-402 is one of them. Bringing a clean clerk-issued copy avoids printer-margin problems that scanners sometimes flag.

Attorneys who use North Carolina eCourts in Wake, Mecklenburg, Lee, Harnett, Johnston, and other rolled-out counties can access the form through the File & Serve interface and prepare it inside the system. The eCourts version is the same PDF, but it auto-populates the caption from the case docket, which cuts caption errors in half.

If you are filing in a non-eCourts county, print the PDF, fill it in, sign it before a notary, and bring or mail the original to the clerk. Do not file a photocopy of a notarized affidavit, because most clerks require a wet-ink original under local practice.

A misconception filers carry is that any “SCRA affidavit” template will work. It will not. North Carolina clerks expect the AOC-CV-402 caption and layout, and a generic affidavit will be rejected even if the substance is identical.


Step-by-Step: How to Fill Out AOC-CV-402 Line by Line

The form fits on a single page, but every box has a job. Walk through them in the order printed on the form. Federal SCRA § 3931 governs the substance, and Rule 55 governs the procedure, so each box ties back to one of those two authorities.

County Box (Top Left)

The County box asks which North Carolina county the lawsuit was filed in. Type or print the county name in all capital letters, with no abbreviations and no the word “County” added. WAKE is the correct entry for a Wake County case; Wake Co. is not. Use the county on the original civil summons, not the county where the defendant lives.

If your case was transferred between counties under N.C. Gen. Stat. § 1-83, use the receiving county, because that is where the case file now lives. A common mistake is to write the original county after a venue transfer, which causes the clerk to file the affidavit in the wrong file. The consequence is a missing affidavit in the active file and a rejected default packet.

A misconception is that the county must match the defendant’s residence. It does not. The county is purely the venue of the lawsuit.

File No. Box (Top Right)

The File No. box asks for the case number the clerk assigned when the complaint was filed. Copy it character-for-character from the civil summons, including the year prefix, division code, and sequential number. 24 CVD 4821 is a District Court civil-domestic case filed in 2024 as the 4,821st such case in that county.

If you do not have a file number yet, you cannot file AOC-CV-402, because the affidavit attaches to an existing case. A common error is to swap CVD (district) and CVS (superior) codes, which sends the affidavit to the wrong division. The consequence is that the District Court clerk will not enter default in a Superior Court case, and vice versa.

A misconception is that small-claims cases use a CV file number. They do not. Small-claims cases use CVM, and the affidavit is filed with the magistrate’s clerk.

In the General Court of Justice / Division Checkbox

Check the box for District Court Division or Superior Court Division. The choice must match the file-number prefix from the box above: CVD goes with District, CVS goes with Superior, and CVM goes with Small Claims (which uses District for SCRA purposes). Carlos Martinez checks “District Court Division” because his absolute divorce case is 25 CVD 0917.

A common edge case is the rare Superior Court divorce or custody matter consolidated with a property action. Check Superior in that case, because the file number controls. The consequence of checking the wrong box is an immediate clerk rejection at intake.

A misconception is that you check both boxes for “safety.” Never check both; the form becomes facially defective and is rejected on its face.

Caption: Plaintiff vs. Defendant

The caption block asks for the plaintiff’s full legal name on the top line and the defendant’s full legal name on the bottom line, exactly as they appear on the complaint. Use full middle names if the complaint did. Janet Ellis Brown must remain Janet Ellis Brown on AOC-CV-402, not Janet E. Brown.

A nuance is that corporate plaintiffs include the entity suffix: Midland Credit Management, Inc. not Midland Credit. A common mistake is shortening one party’s name and triggering a “name mismatch” objection if the defendant later moves to set aside under 50 U.S.C. § 3931(g).

A misconception is that nicknames are fine. They are not. The court clerk indexes by exact name, and a “Bob” instead of “Robert” can cost you the default.

Title of Form

The pre-printed title reads Servicemembers Civil Relief Act Affidavit. You do not write anything here, but confirm it is present and not cut off by a printer. If your printout is missing the title bar, the clerk will treat the form as a non-AOC document and reject it.

A common edge case is browsers that print the form without form-field borders. Always print from Adobe Acrobat Reader, not from a browser preview, to keep the title intact. The consequence of a missing title is automatic rejection at the intake window.

A misconception is that handwriting “SCRA Affidavit” at the top fixes a missing title bar. It does not; the clerk needs the official AOC header.

Affiant’s Statement Block (Numbered Paragraphs 1–4)

The body of AOC-CV-402 is a series of pre-printed sworn statements with checkboxes. You read each one and check the box that matches your truthful answer. Paragraph 1 identifies the affiant by name and relationship to the case. Aisha Powell, attorney for the plaintiff, writes her name on the line and checks “attorney for the plaintiff.”

Paragraph 2 swears that the affiant has personal knowledge of the defendant’s military status or has made diligent inquiry. The “diligent inquiry” language ties back to SCRA § 3931(b)(1). Paragraph 3 contains three checkboxes: (a) the defendant is in military service, (b) the defendant is not in military service, or (c) the affiant cannot determine whether the defendant is in military service.

Check exactly one box. Marcus Lee, the landlord plaintiff, checks “is not in military service” after attaching a clean DMDC certificate. A common mistake is checking (c) when the filer simply did not run the SCRA search. The consequence is that the court must appoint an attorney for the defendant under § 3931(b)(2), which delays the case by 30 to 90 days and may trigger fees.

A misconception is that checking (b) without attaching the DMDC printout is enough because the affiant “knows” the defendant is a civilian. It is not. North Carolina clerks across most counties require the DMDC SCRA certificate as an exhibit.

Facts Supporting the Statement (Lines Below Paragraph 3)

Below paragraph 3, the form leaves blank lines for the affiant to write the facts that support the chosen box. List the date of the SCRA search, the database used, and the result. On 04/12/2026 affiant searched the Defense Manpower Data Center SCRA database using the defendant’s full name and date of birth and received a “no active duty status” certificate, attached as Exhibit A.

A nuance is that if you checked box (a) (in service), you must list the branch, rank, and duty station if known, because the court will need this to apply the § 3932 stay provisions. A common mistake is writing only “search performed” with no date, which the clerk treats as a conclusion, not a fact.

A misconception is that “based on information and belief” is acceptable here. It is not. SCRA affidavits must be based on personal knowledge or documented inquiry.

Date Box

The Date box asks for the date the affiant signs the affidavit in front of the notary. Use MM/DD/YYYY format and write the date the notary actually witnesses the signature, not the date you started filling the form. 05/01/2026 is the proper entry for a May 1 signing.

A nuance is that the date must be on or after the date of the DMDC certificate, because you cannot swear to a search result that did not yet exist. A common mistake is back-dating the affidavit to match a complaint filing date. That is perjury under N.C. Gen. Stat. § 14-209 and a § 3931(c) federal offense.

A misconception is that the date can be left blank for the notary to fill in. It cannot; the affiant must date and sign in the notary’s presence.

Affiant’s Signature Line

The affiant signs in blue or black ink directly above the printed “Signature of Affiant” label. The signature must match the printed name in paragraph 1. Aisha Powell signs Aisha Powell, not A. Powell and not her firm name.

A nuance is that electronic signatures are allowed only in eCourts counties using the File & Serve electronic-signature standard. A common mistake is signing with initials only, which the notary will reject. The consequence is a wasted notary trip and a delayed default packet.

A misconception is that the lawyer can sign for the client. The lawyer can sign as affiant in the lawyer’s own name, but cannot sign the client’s name.

Printed Name and Address of Affiant

Below the signature line, print the affiant’s full name and mailing address. Use the street address that matches the affiant’s ID, because the notary will compare them. Aisha Powell, 200 N. Tryon Street, Suite 2200, Charlotte, NC 28202.

A nuance is that P.O. boxes are allowed for service, but the notary may still ask for a residential or business street address. A common mistake is using the law firm’s headquarters address when the affiant works from a satellite office; the notary’s record will not match and may be challenged later.

A misconception is that the address is optional because the affiant signed. It is not optional; an unaddressed affiant cannot be served with a follow-up motion.

Notary / Clerk Verification Block

The bottom block is the verification, which a North Carolina notary or a deputy clerk completes. The notary writes the county of notarization, the date, and the affiant’s name, then signs and applies the seal. The expiration date of the notary’s commission must be legible.

A nuance is that out-of-state affiants can use a notary in their state, but the seal must include the state name and commission expiration. A common mistake is a smudged seal, which clerks reject under N.C. Gen. Stat. § 10B-20. The consequence is a remote re-notarization and a one- to two-week delay.

A misconception is that any notary anywhere works. Online remote notarizations are accepted only when they comply with N.C. Gen. Stat. § 10B-134.1, which took permanent effect in 2024.


Three Filled-Out Examples Using Real Scenarios

Below are three named filers who walk AOC-CV-402 from start to finish. Each scenario shows a different default-judgment pathway and the entries that survive a clerk’s review.

Scenario 1 — Carlos Martinez, Absolute Divorce in Wake County

Carlos files for absolute divorce after a one-year separation. His wife has not answered the complaint. He needs default to finalize under N.C. Gen. Stat. § 50-6.

Form Section What Carlos Enters
County WAKE
File No. 25 CVD 0917
Division District Court Division checked
Plaintiff Carlos Eduardo Martinez
Defendant Lucia Marie Martinez
Affiant identity (¶1) Carlos Eduardo Martinez, plaintiff
Status checkbox (¶3) is not in military service
Facts On 05/03/2026 affiant searched DMDC SCRA database using defendant’s full name and SSN; certificate attached as Exhibit A
Date 05/05/2026
Notary block Wake County notary, commission expires 08/14/2028

Scenario 2 — Marcus Lee, Summary Ejectment Default in Mecklenburg County

Marcus is a small landlord seeking a money judgment for back rent after the tenant skipped court. The magistrate sent the case to district court for default money damages.

Form Section What Marcus Enters
County MECKLENBURG
File No. 26 CVD 1144
Division District Court Division checked
Plaintiff Marcus T. Lee
Defendant Devon Ray Williams
Affiant identity (¶1) Marcus T. Lee, plaintiff acting pro se
Status checkbox (¶3) is not in military service
Facts On 04/29/2026 affiant ran SCRA single-record search using defendant’s date of birth 06/12/1991; “no active duty” certificate attached
Date 04/30/2026
Notary block Mecklenburg County notary, commission expires 02/02/2027

Scenario 3 — Midland Credit Management, Inc., Debt Collection in Guilford County

A junior associate, Aisha Powell, signs the affidavit as attorney for the plaintiff in a credit-card collection case. The defendant never responded to a properly served complaint.

Form Section What Aisha Enters
County GUILFORD
File No. 25 CVD 8820
Division District Court Division checked
Plaintiff Midland Credit Management, Inc.
Defendant Janet Ellis Brown
Affiant identity (¶1) Aisha N. Powell, attorney for plaintiff
Status checkbox (¶3) cannot determine (no SSN or DOB available)
Facts Affiant ran SCRA name-only search 05/10/2026; database returned “name-only result requires SSN or DOB”; defendant’s SSN unknown after diligent inquiry
Date 05/12/2026
Notary block Guilford County notary, commission expires 11/30/2027

A fourth named filer, Janet Brown herself, would not file AOC-CV-402, because defendants do not file SCRA affidavits. A fifth named filer, paralegal Tanya Reyes, sometimes signs as affiant when she personally ran the DMDC search, and her firm rules require a supervising attorney to verify the certificate first.


How to File the Completed Form

Once the affidavit is signed, notarized, and paired with the DMDC certificate, you file it with the Clerk of Superior Court in the county of the lawsuit. There are three live channels in 2026, and each has its own procedure.

In person. Walk the original AOC-CV-402, the DMDC certificate, the motion for entry of default, and the proposed judgment to the civil intake window during business hours. The clerk stamps the affidavit, scans it into the case file, and returns a stamped copy on the spot. There is no separate fee for filing AOC-CV-402, but the court-cost schedule may apply to the default-judgment package itself. Processing is same-day. Keep the stamped copy as your proof of filing.

By mail. Mail the original affidavit, the DMDC certificate, and a self-addressed stamped envelope to the clerk’s office. Use certified mail with return receipt for proof. The accepted payment method for any associated fee is a check or money order made payable to Clerk of Superior Court, [County] County. Processing time is five to ten business days. Your proof of filing is the file-stamped copy returned in your SASE plus the certified-mail green card.

Through eCourts File & Serve. In eCourts counties, log into File & Serve, upload the signed and notarized PDF as a “Servicemembers Civil Relief Act Affidavit” filing, and pay any fee by credit card or eCheck. Processing is usually within 24 hours. Your proof of filing is the system-generated confirmation email and the time-stamped PDF in the case docket.

A nuance across all channels is that you should never file the affidavit before the answer period has run, because the affidavit is premature and the clerk will reject it under Rule 55(a).


What Happens After You File

After the clerk accepts AOC-CV-402, the file moves to the default queue. If you checked “is not in military service” and attached a clean DMDC certificate, the clerk can enter default the same day under Rule 55(a). For a sum-certain money case, the clerk may then enter the default judgment under Rule 55(b)(1) without a hearing.

If you checked “is in military service,” the court will not enter default. Instead, it will appoint an attorney to represent the absent servicemember under 50 U.S.C. § 3931(b)(2) and may stay the proceeding for at least 90 days under § 3932. The plaintiff must pay the appointed attorney’s fee in many counties.

If you checked “cannot determine,” the court has discretion. Some judges require a bond under § 3931(b)(3) to indemnify the defendant if it later turns out the defendant was on active duty. Others appoint counsel just as if the defendant were known to be in service. Bond amounts in North Carolina default cases typically range from one to two times the judgment amount.

If the clerk rejects the affidavit, you receive a written deficiency notice or a returned filing with a sticky note. Cure the defect, re-notarize if needed, and refile. There is no re-filing fee for a corrected affidavit.


Mistakes to Avoid When Filling Out the Form

Form-level errors on AOC-CV-402 are the leading cause of voided default judgments in North Carolina civil practice. Every mistake below has been used in real motions to set aside.

  • Leaving paragraph 3 blank. The clerk cannot guess your answer, so an unchecked status box is treated as no affidavit at all.
  • Checking two status boxes. A facially inconsistent affidavit is void and gives the defendant grounds to vacate.
  • Skipping the DMDC search. A bare affidavit without a database certificate is rejected by most NC counties as a matter of local practice.
  • Searching only by name. A name-only DMDC result is not a definitive answer and must be paired with “cannot determine” plus diligent-inquiry facts.
  • Back-dating the signature. Signing on a date earlier than the notary actually witnessed is perjury under state and federal law.
  • Using the wrong file number prefix. Filing a CVS affidavit in a CVD case sends the form to the wrong division.
  • Misspelling the defendant’s name. Even a single-letter typo can support a later motion to set aside the default judgment.
  • Forgetting the notary seal. A signed but unsealed affidavit is not an affidavit at all under Chapter 10B.
  • Filing before the answer period expires. A premature affidavit is void and must be refiled after the defendant’s time to answer has run.
  • Photocopying a notarized affidavit and filing the copy. Most clerks require the wet-ink original, not a scan.

Do’s and Don’ts

A short rule set keeps your affidavit clean. Each item below ties to a real consequence under Rule 55 or the SCRA.

Do:

  • Run the DMDC search the same week you sign, because stale searches lose evidentiary weight.
  • Print the form fresh from the NC Courts forms library every time, because revisions update silently.
  • Match the affiant’s printed name and signed name exactly, because mismatches invite challenges.
  • Attach the DMDC certificate as Exhibit A, because clerks expect it labeled.
  • Keep a stamped copy in your file, because it is your only proof of timely filing.
  • Use blue or black ink, because red and pencil photocopy poorly and may be rejected.

Don’t:

  • Don’t sign before the notary arrives, because the notarization will be void.
  • Don’t use a generic SCRA affidavit template, because it lacks the AOC caption clerks require.
  • Don’t write “n/a” in the facts block, because it signals no diligent inquiry.
  • Don’t guess at the defendant’s date of birth, because a wrong DOB invalidates the search.
  • Don’t file the affidavit by email outside of eCourts, because email filings are not accepted.
  • Don’t reuse a year-old DMDC certificate, because active-duty status changes daily.

Pros and Cons of Filing on Your Own vs. With Help

Most pro se plaintiffs can complete AOC-CV-402, but the cost of a mistake is high. Weigh both sides before you decide.

Pros of filing pro se:

  • Saves the $150 to $400 attorney fee a firm typically charges to prepare and notarize the affidavit.
  • Forces you to read the SCRA, which helps you understand the rest of your case.
  • Lets you control the timing so the affidavit lines up with your default motion.
  • Builds a paper trail you can re-use if you need a second affidavit at judgment.
  • Works well for simple money cases with a known, civilian defendant.

Cons of filing pro se:

  • A single checkbox error can void your eventual judgment under § 3931(g).
  • You must find a notary and pay the notarization fee yourself.
  • You will need to print, scan, and re-print the DMDC certificate properly.
  • You bear the risk of a defendant later proving active-duty status that you missed.
  • You may face a court-appointed attorney’s fee if the judge is unsure about military status.

FAQs

Can I file AOC-CV-402 if I don’t know the defendant’s Social Security number?

Yes. You can file using a name-and-date-of-birth search or a name-only search, but you must check “cannot determine” in paragraph 3 and explain the diligent inquiry you made.

Do I have to attach the DMDC SCRA certificate?

Yes. Most North Carolina clerks require the DMDC certificate as Exhibit A, and judges treat a missing certificate as a missing affidavit.

Can a paralegal sign AOC-CV-402 as the affiant?

Yes. A paralegal who personally ran the SCRA search and has personal knowledge of the inquiry may sign, though many firms prefer the supervising attorney to sign instead.

Do I check “is not in military service” if the defendant is a retired veteran?

Yes. Retired veterans are not on active duty, so the “is not in military service” box is correct, but note the retirement status in the facts block.

Do I write “WAKE COUNTY” or just “WAKE” in the County box?

No. Just write the county name in capital letters without “County,” because the form already prints “County” beside the box.

Can I leave paragraph 3 blank if I’m unsure?

No. A blank status checkbox makes the affidavit facially defective, and the clerk will reject the entire default packet.

Does AOC-CV-402 expire?

Yes. Practically, a DMDC certificate older than 30 days is treated as stale by most clerks, so you should refresh the search and resign if the case sits.

Do I need AOC-CV-402 in a small-claims case before the magistrate?

Yes. Magistrates require an SCRA affidavit before entering default judgment in CVM cases, and AOC-CV-402 is the accepted form.

Can I e-sign the affidavit?

Yes. In eCourts counties, the File & Serve electronic-signature standard satisfies the signature requirement, but the notarization must still comply with Chapter 10B.

Do I file AOC-CV-402 before or after the defendant’s answer deadline?

No. You file it after the answer deadline has expired, because the affidavit supports a default that cannot be entered until the answer time has run under Rule 55(a).

Can I use the same affidavit for entry of default and default judgment?

Yes. A single AOC-CV-402, if recent, supports both stages, but many judges want a refreshed affidavit at the judgment stage if more than 30 days have passed.

Is there a filing fee for AOC-CV-402?

No. The affidavit itself carries no separate fee, though the underlying default-judgment motion may carry court costs under the court-cost schedule.

Do I need to serve AOC-CV-402 on the defendant?

No. Default-stage filings are not served on a non-appearing defendant, but you must serve any later motion or judgment on the defendant’s last known address.

What happens if I lie on AOC-CV-402?

No. Lying is never allowed; a false affidavit can be punished as perjury under N.C. Gen. Stat. § 14-209 and as a federal SCRA violation under 50 U.S.C. § 3931(c).