Justice Department hopes the case will prompt other towing companies to review and improve their policies to ensure rights of service members
Sacramento, Calif.—The Justice Department filed a lawsuit last week against Tony’s Auto Center Inc., in Chula Vista, Calif., alleging that it illegally auctioned off a deployed U.S. Navy Lieutenant’s car, in violation of the Servicemembers Civil Relief Act (SCRA). The SCRA prohibits a towing company from auctioning off a vehicle owned by a service member unless it first obtains an order from a court allowing it to do so.
“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,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division.
The department’s lawsuit alleges that Tony’s Auto Center illegally auctioned the lieutenant’s 2011 Mazda 6 while he was deployed at sea aboard the USS Bunker Hill. Prior to deployment, the lieutenant placed some personal belongings in his car and parked it in front of a friend’s house. While the Lieutenant was at sea, Chula Vista Police Department impounded the car due to an expired registration, and Tony’s Auto Center towed the car to its facility. About two months later, Tony’s Auto Center, through its agent, sold the Lieutenant’s car at auction without obtaining a court order authorizing the sale.
According to the complaint, in March 2023, the lieutenant returned home from deployment to find that his car had been towed. He then contacted Tony’s Auto and learned that they had sold his car. Even though he no longer had the car, he had to continue making his monthly car loan payments to Navy Federal Credit Union, which totaled over $2,500.
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