The Justice Department has filed a lawsuit against Tony’s Auto Center Inc., operating as Tony’s Auto Center in Chula Vista, California. The suit alleges that the company illegally auctioned off a deployed U.S. Navy Lieutenant's vehicle, violating the Servicemembers Civil Relief Act (SCRA). The SCRA mandates that towing companies must secure a court order before auctioning vehicles owned by servicemembers.
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division stated, “When towing companies ignore their legal obligations under the SCRA, it can have serious financial consequences for servicemembers. 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.”
U.S. Attorney Tara McGrath for the Southern District of California emphasized the importance of legal protections for active-duty servicemembers, saying, “The law provides specific and necessary protections to active duty servicemembers so they can dedicate themselves to protecting our freedom. As the filing of this complaint demonstrates, we will fight to enforce those protections.”
Filed in the Southern District of California, the lawsuit claims Tony’s Auto Center auctioned off a 2011 Mazda 6 belonging to a Navy Lieutenant who was deployed at sea aboard the USS Bunker Hill. Before his deployment, he had parked his car in front of a friend's house with some personal belongings inside. During his deployment, Chula Vista Police Department impounded the car due to an expired registration and Tony’s Auto Center subsequently towed it. Approximately two months later, Tony’s Auto Center sold the car at auction without obtaining a required court order.
Upon returning from deployment in March 2023, the Lieutenant discovered his car had been sold and continued making monthly loan payments totaling over $2,500 to Navy Federal Credit Union despite no longer possessing the vehicle.
Individuals with pertinent information about this case are encouraged to contact the U.S. Attorney’s Office for the Southern District of California at 619-546-7516.
Servicemembers or their dependents who believe their SCRA rights have been violated should reach out to their nearest Armed Forces Legal Assistance Program Office. Locations can be found at legalassistance.law.af.mil/.
The enforcement of SCRA by the Justice Department is managed by its Civil Rights Division's Housing and Civil Enforcement Section along with U.S. Attorneys’ Offices nationwide. Since 2011, over $481 million in monetary relief has been obtained for more than 147,000 servicemembers through SCRA enforcement efforts. More information on these efforts is available at www.servicemembers.gov.