The U.S. Department of Justice has filed a lawsuit against Tony’s Auto Center Inc., a towing company in Chula Vista, California, for allegedly violating the Servicemembers Civil Relief Act (SCRA) by illegally auctioning off a car belonging to a deployed U.S. Navy Lieutenant. The lawsuit, filed in the Southern District of California, underscores the federal government’s commitment to protecting the rights of servicemembers while they are on active duty.

Allegations of SCRA Violations

According to the Justice Department’s complaint, Tony’s Auto Center sold the Lieutenant’s 2011 Mazda 6 at auction while he was deployed at sea aboard the USS Bunker Hill. The car had been impounded by the Chula Vista Police Department due to an expired registration and was subsequently towed by Tony’s Auto Center. The Lieutenant, who had parked the vehicle in front of a friend’s house and stored personal belongings inside it before deployment, returned from duty in March 2023 to find that his car had been sold without his knowledge or consent.

The SCRA, a federal law designed to provide protections for active duty servicemembers, prohibits towing companies from auctioning off a servicemember’s vehicle without first obtaining a court order. This law is intended to ensure that those serving in the military can focus on their duties without worrying about legal or financial issues arising from their absence.

Impact on the Servicemember

The Lieutenant, unaware of the sale until he returned from deployment, was left in a difficult financial position. Despite losing his car, he was still obligated to continue making monthly loan payments to Navy Federal Credit Union, amounting to over $2,500. The complaint highlights the financial and emotional toll such illegal actions can impose on servicemembers and their families.

Government's Response

Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division emphasized the importance of towing companies adhering to the legal obligations set forth by the SCRA. “When towing companies ignore their legal obligations under the SCRA, it can have serious financial consequences for servicemembers,” Clarke stated. She expressed hope that this case would prompt other towing companies to review and improve their policies to ensure compliance with the law.

U.S. Attorney Tara McGrath for the Southern District of California echoed this sentiment, underscoring the necessity of enforcing the legal protections afforded to servicemembers. “The law provides specific and necessary protections to active duty servicemembers so they can dedicate themselves to protecting our freedom,” McGrath said. “As the filing of this complaint demonstrates, we will fight to enforce those protections.”

Enforcement of SCRA

The Justice Department’s lawsuit against Tony’s Auto Center is part of a broader effort to enforce the SCRA and protect the rights of servicemembers. Since 2011, the department has secured over $481 million in monetary relief for more than 147,000 servicemembers through its enforcement of the SCRA. The department’s enforcement actions are led by the Civil Rights Division’s Housing and Civil Enforcement Section in collaboration with U.S. Attorneys’ Offices nationwide.

Servicemembers who believe their rights under the SCRA have been violated are encouraged to contact the nearest Armed Forces Legal Assistance Program Office. These offices can provide legal support and guidance on pursuing remedies under the SCRA.

Ongoing Case and Public Involvement

The lawsuit against Tony’s Auto Center is ongoing, and the Justice Department is actively seeking additional information that may be relevant to the case. Individuals with pertinent information are urged to contact the U.S. Attorney’s Office for the Southern District of California.

For more information on the Servicemembers Civil Relief Act and other legal protections for servicemembers, visit the Justice Department’s dedicated website at servicemembers.gov.