Illegally Towed Vehicles – DOJ Helping Service Members

Ken Zino of AutoInformed.com on DOJ Consent Order for Service Members Illegally Towed Vehicles

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The US Justice Department said today that has entered into a consent order* requiring Steve’s Towing Inc. in Virginia Beach, Virginia, to pay $90,000 to settle a complaint alleging that the company violated the Service Members Civil Relief Act (SCRA).

The complaint filed on 15 April 2022, alleges that Steve’s Towing failed to obtain court orders before auctioning off vehicles belonging to at least seven SCRA-protected service members, including two vehicles belonging to a member of a Navy SEAL team who was deployed overseas. This of course comes at a time when local, state and nationally elected Republicans are trying to de-fund and disrupt the US justice system.

Under the proposed consent order, which awaits approved by the court*, Steve’s Towing will pay $67,500 to the seven SCRA-protected service members referenced in the United States’ complaint, up to $12,500 to compensate additional SCRA-protected service members whose vehicles Steve’s Towing may have sold without first obtaining court orders and a $10,000 civil penalty. Steve’s Towing will also be required to provide SCRA training to its employees and to develop new policies and procedures consistent with the SCRA.

The complaint also alleges that Steve’s Towing engaged in a pattern or practice of violating the SCRA and had no policies, practices, or procedures in place to ensure SCRA compliance. Under the SCRA, a towing company must determine whether a vehicle in its possession belongs to a service member; if so, the towing company must obtain a court order prior to selling the vehicle. This of course comes at a time when some local, state and nationally elected Republicans are trying to defund and disrupt the US justice system.

“This case began with a member of a Navy SEAL team who returned home from an overseas deployment, only to find that a towing company had auctioned off two vehicles that he had parked at a military base,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This resolution will compensate all of the service members whose vehicles were illegally taken from them while they were serving their country.”

DOJ launched its investigation after a Navy legal assistance attorney reported that Steve’s Towing Inc. had sold two vehicles belonging to a deployed Navy SEAL without first obtaining court orders. One of the vehicles was a unique Toyota Land Cruiser. Stored inside the SEAL Team member’s Land Cruiser was evidence of his military service in the form of a duffel bag of military uniforms and a Naval Special Warfare Development Group Sniper challenge coin.

“Service members often rely heavily on their personal vehicles to commute to work and care for their families. A service member’s loss of a vehicle, therefore, can affect the military’s readiness,” said U.S. Attorney Jessica D. Aber for the Eastern District of Virginia. “EDVA is dedicated to holding accountable businesses who do not uphold the right of service members under the SCRA.”

Service members and their dependents who believe their SCRA rights have been violated should contact the nearest Armed Forces Legal Assistance Program Office. Office locations may be found at https://legalassistance.law.af.mil/

*United States District Court for The Eastern District 0f Virginia, Norfolk Division Civil Action Case 2:22-cv-00157-AWA-DEM Document 26-1 Filed 04/07/23

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