Being involved in a legal dispute is rarely simple, but if the person you’re trying to sue is on active duty, the process becomes even trickier. That’s because service members aren’t treated like ordinary civilians in court. Federal protections kick in the moment someone is called to serve, making the legal path a bit more winding for anyone attempting to file a lawsuit.

The Servicemembers Civil Relief Act (SCRA) plays a big role here. It’s designed to shield active-duty military personnel from legal distractions while they’re serving, giving them breathing room to focus on their duties, not courtroom deadlines.

So, how do you move forward if you’re sure you have a case?

This guide unpacks the lawsuit process from the very first step, helping you understand how legal action works when military service is involved and what hurdles you may need to clear before a judge ever sees your side of the story.

7 Steps to File a Lawsuit Against Active Duty Military

Step 1: Understand the Legal Protections Provided Under the SCRA

Before you take any legal action, it’s essential to understand the protections offered under the Servicemembers Civil Relief Act, or SCRA. This federal law is designed to ensure that active duty military personnel can focus on their service without being disadvantaged in civil court. It allows for legal proceedings to be paused if military duties prevent a service member from responding or appearing in court.

Let’s say you’re involved in a contractual dispute. If the other party is on active duty, you might face delays under the SCRA, even if your case is otherwise valid. That’s why understanding the law’s reach is so important.

Many people assume military contracts are off-limits when it comes to civil litigation, but legal action is possible, especially in cases involving disputes over terms. Questions like can you sue the military for breach of contract tend to surface in these situations, and while the process is allowed, it’s heavily shaped by SCRA protections that can pause or complicate your case if the defendant is on active duty.

Step 2: Determine If the SCRA Applies to Your Case

Before moving ahead, take a moment to pause and check whether the legal protections under the SCRA actually apply. Not every person with military ties qualifies for these protections. The law specifically covers individuals who are on active duty, recently returned from service, or reserve members called to active status.

This isn’t just a formality. If the person you’re filing against falls under these categories, it can affect everything from how the court processes your case to whether it can even begin. That’s why confirming their current military status is a crucial early step.

You can use a trusted military verification service to confirm whether they’re actively serving. Having this information upfront helps you prepare for the legal path ahead and ensures that you comply with federal protections designed to support service members during times of duty.

Step 3: Explore the Available Legal Grounds for Suing a Service Member

Every lawsuit starts with a claim, but when the other party is serving in the military, not all claims make it past the courthouse door. Before you begin the legal process, it’s important to understand whether your case even qualifies. Civil courts approach lawsuits involving active-duty personnel with added caution, often weighing the impact on the service member’s ability to respond.

Disputes like unpaid debts, breach of contract, or property damage may still be valid but could be delayed until the service member can properly participate. If your claim overlaps with military duties or falls under military discipline, such as misuse of government property, the matter might be handled through court-martial instead.

Rather than guessing, speak with a legal expert who understands how military legal protections work. They can help you figure out whether your claim meets the standard for civil litigation or if it’s better addressed through another route.

Step 4: Learn How the Court Can Postpone or Delay the Lawsuit

Timing plays a major role when filing a lawsuit against someone in the military. If their duties prevent them from attending court, the Servicemembers Civil Relief Act gives them the right to request a delay in the legal process. This delay, known as a stay, is not just a courtesy. It’s a legal right that grants them a minimum of ninety days to prepare or respond once the request is approved.

This pause helps balance the scales. Active duty obligations can make it nearly impossible to participate in civil litigation, and the law recognizes that. Importantly, when a service member asks for a delay, they are not giving up any legal defenses or agreeing to the court’s authority just by making that request.

If you’re pursuing legal action and know that military service could affect the timeline, you can also ask the court to consider a motion for delay. Doing so early helps you stay ahead in the process while respecting the protections the law provides.

Step 5: Consider Alternative Dispute Resolution (ADR) Methods

Courtroom battles aren’t the only way to settle a legal disagreement, especially when the other party is in uniform. If military duties are likely to stall your case, turning to alternative dispute resolution can keep things moving without stepping into a courtroom. Options like mediation and arbitration offer more flexibility, which can be a major advantage when active duty makes traditional scheduling difficult.

Mediation brings in a neutral third party who helps both sides communicate and reach an agreement. It’s informal, non-binding, and often faster. Arbitration, on the other hand, results in a final decision from an appointed arbitrator after hearing both sides.

When civil litigation seems likely to hit a wall due to military obligations, ADR can provide a more practical path forward. A legal professional can help you assess if your situation is a good fit for these methods and how best to move ahead without compromising your legal rights.

Step 6: Seek Legal Advice on the “Breach of Contract” Question

Disputes over contracts are common, but things get more complicated when military service enters the picture. If you believe a service member has failed to honor a contract, it’s important to pause and assess the legal boundaries set by the SCRA. This law may prevent immediate legal action, but it doesn’t erase your right to explore a potential claim.

Breach of contract claims can still be pursued in some situations, especially if the contract terms are clear and supported by strong documentation. Working with a lawyer helps you understand the fine print and identify whether your case stands a chance within the legal limits tied to active duty.

Gathering detailed records, such as emails, signed agreements, or payment receipts, can strengthen your position. A legal expert familiar with military protections can also advise if any exceptions apply that would allow the case to move forward despite the individual’s service status.

Step 7: File the Lawsuit and Provide Proper Documentation

Once every option to resolve the issue outside of court has been explored, the next move is to officially begin the legal process. But filing the lawsuit is only half the battle. What truly matters is how well you prepare. Courts require precision, and when the defendant is on active duty, the standard for documentation becomes even higher.

You’ll need to submit a complete file that includes everything from signed contracts and emails to a properly executed affidavit of military service. These details are not optional. They help the court assess the validity of your claim and confirm that you’ve made every effort to comply with the protections outlined in the SCRA.

Don’t forget the basics like serving legal notice the right way and using verified channels. If the service member is actively deployed, expect the process to take longer. Still, with solid documentation and a clear filing strategy, you’re in a stronger position to move your case forward.

Conclusion

Filing a lawsuit against someone on active duty takes more than a valid claim. It requires a thoughtful understanding of the SCRA, precise documentation, and careful timing. The law isn’t there to stop you—it’s there to ensure service members are treated fairly while fulfilling their duties.

If you follow the right steps, confirm eligibility, and seek sound legal advice, your case can move forward lawfully and effectively. Legal action is still possible; it just needs to be done with respect for the process. In military-related lawsuits, patience and preparation are your strongest assets.