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... Read More »
Mass. Storage Company Settles After Unlawfully Auctioning Off Service Member’s Belongings
A Massachusetts-based moving and storage company has settled with the U.S. government after auctioning off a deployed service member’s belongings.
The company, PRTaylor Enterprises LLC., which operated as Father and Son Moving and Storage, is found to have violated the Servicemembers Civil Relief Act (SCRA). According to the Department of Justice, the company failed to secure a court order before they auctioned off the belongings of an Air Force technical sergeant.
Under SCRA, service members are offered financial and housing protection along with other benefits while they are on duty. SCRA stipulates that before an entity holding a lien on a service member’s property can auction off said property, a court order needs to be obtained.
Acting U.S. Attorney for the District of Massachusetts Nathaniel R. Mendell explains of the law, “The law protects servicemembers from this kind of mistreatment – they have more important things to worry about when they are overseas risking their lives to protect our nation.” Mendell says of the company’s choice to move forward with the auction and with violators in general, “It is wrong to auction off the possessions of a service member who is serving our country overseas.”
The technical sergeant was serving in Qatar when his belongings were auctioned off, according to prosecutors. The moving company explained that they had sent a letter to the technical sergeant to an address on Hansom Air Force Base located outside of Boston, Massachusets. However, prosecutors pushed back saying that the technical sergeant had received the letter in Qatar one month after his possessions had already been sold.
The Justice Department details that the sold belongings included military memorabilia from the technical sergeant’s family. Among his belongings were mementos and military gear that had belonged to the technical sergeant’s cousin who had passed away in Afghanistan. Military service medals belonging to the technical sergeant’s grandfather were also auctioned away. Other personal belongings included household furniture, a dresser that was built by his great grandfather, and personal photographs.
As a result of the unlawful auction, the moving and storage company has agreed to pay the technical sergeant $60,000 in damages. They will also pay the U.S. government a $5,000 civil penalty. Along with the settlement, the company has agreed to put in place new policies to ensure that SCRA is not violated in the future.
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