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The form (or affidavit) must include information about your government benefits, household income, financial dependents, and expenses. When you provide Texas courts with a nonmilitary affidavit proving the defendant is not on active duty, you can move ahead with your case.Statement of Inability to Afford Payment of Court Costs or an Appeal Bond. Forms for Eviction Cases Petition for Eviction Based on Non-Payment of Rent Court an affidavit—. (A) stating whether or not the defendant is in military service and showing necessary facts to support the affidavit; or. AFFIDAVIT IN PROOF OF CLAIM AND NON-MILITARY SERVICE. You are requesting that the court enter a default judgment against the other person. This form should be typed or printed in black ink. An Affidavit of Non-Military Service is a legal document that is used to assert that you or someone else is not on active duty.