The Department of Justice (DOJ) has sued a California towing company for allegedly auctioning off a deployed servicemember’s car without a court order, violating the Servicemembers Civil Relief Act.
The DOJ filed a lawsuit against Tony’s Auto Center Inc., a California towing company, accusing it of unlawfully auctioning off a vehicle owned by an active-duty U.S. Navy Lieutenant without obtaining the court order as required by the Servicemembers Civil Relief Act (SCRA), according to a press release.
The lawsuit, brought in the Southern District of California, accuses Tony’s Auto Center of illegally auctioning U.S. Navy Lieutenant Jonathan Liongson’s 2011 Mazda 6 while he was deployed aboard the USS Bunker Hill. Lieutenant Liongson had placed personal items in the car and parked it at a friend’s house before leaving for deployment. The Chula Vista Police Department impounded the vehicle due to an expired registration, and Tony’s Auto Center towed it to its facility. The company auctioned off the car just two months later without obtaining the necessary court authorization, according to the lawsuit.
Lieutenant Liongson returned from deployment in March 2023 and discovered that his car had been sold, the lawsuit alleges. Although he no longer possessed the vehicle, he was still required to continue making loan payments totaling over $2,500 to Navy Federal Credit Union, according to the complaint.
Complaints from servicemembers, veterans, and their families just crossed the 400,000 mark.
— consumerfinance.gov (@CFPB) May 23, 2024
The SCRA, previously known as the Soldiers’ and Sailors’ Civil Relief Act (SSCRA), is a federal law designed to protect military personnel when they enter active duty. The law offers safeguards in areas such as rental agreements, eviction, mortgage foreclosures, civil court proceedings, automobile leases, among other protections. (RELATED: ‘Mishap Ship’: Troubled Marine Corps Vessel Received Major Award For Battle Readiness)
The SCRA mandates that towing companies must secure a court order before auctioning vehicles owned by servicemembers. “When towing companies ignore their legal obligations under the SCRA, it can have serious financial consequences for servicemembers,” said Assistant Attorney General Kristen Clarke of the DOJ Civil Rights Division. “We hope that bringing this case encourages other towing companies to review and improve their policies and ensure that the rights of all servicemembers are honored and respected.”
