United States of America v. Tony’s Auto Center

San Diego, California criminal defense lawyer represented the Defendant charged with Illegally Auctioning a Servicemember's Car During Deployment

Chula Vista Towing Company Agrees to Settle Allegations That It Illegally Auctioned a Servicemember's Car During Deployment

Tony's Auto Center, a towing company in Chula Vista, California, has agreed to a settlement to resolve allegations that it violated the Servicemembers Civil Relief Act (SCRA) when it auctioned a car owned by an active-duty servicemember while he was deployed at sea.



According to the United States' complaint, U.S. Navy Lieutenant Jonathan Liongson was deployed in November 2022 aboard the USS Bunker Hill. Before leaving for deployment, Lieutenant Liongson had placed personal items in his 2011 Mazda 6 and parked the car at a friend's house.



While Lieutenant Liongson was at sea, the Chula Vista Police Department impounded the car because of 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 Lieutenant Liongson's car at auction without first obtaining a court order authorizing the sale, as is required by the SCRA. In March 2023, the Lieutenant returned home from deployment to find that his car had been towed. He then contacted Tony's Auto Center and learned that they had sold his car.



The SCRA is a federal law that provides legal and financial protections to military members and their families while they are in military service. One of the SCRA's protections requires anyone holding a lien on the property of a servicemember to obtain a court order prior to auctioning off, selling or otherwise disposing of that property.



"The SCRA protects the rights of the men and women who serve in our Armed Forces, which allows them to devote their full attention to defending our country,” said U.S. Attorney Adam Gordon. "While Lieutenant Liongson was at sea, he understood that his ship's mission and the duration of their deployment could change at any moment. He accepted that reality in the fulfillment of his solemn oath. In turn, the SCRA provides grace and understanding about certain personal affairs. Lieutenant Liongson's car should not have been auctioned off in his absence. We hope this settlement encourages all towing companies to review and improve their policies and ensure that the rights of all servicemembers are honored and respected.”



"Members of our armed forces should not have to worry about their cars being auctioned off while they are deployed on missions defending our freedoms, liberties and rights,” said Assistant Attorney General Harmeet K. Dhillon of the Civil Rights Division. "This settlement should send a strong message to other towing companies that they should not take advantage of our servicemembers while they are keeping Americans safe.”



Under the settlement agreement, Lieutenant Liongson will receive $7,500 in damages. The United States will also receive a $2,000 civil penalty, and Tony's Auto Center must implement new policies to prevent future violations of the SCRA.



The Civil Rights Division's Housing and Civil Enforcement Section and the U.S. Attorney's Office for the Southern District of California jointly handled this case. Since 2011, the Justice Department has obtained more than $481 million in monetary relief for more than 147,000 servicemembers through its enforcement of the SCRA. For more information about the department's SCRA enforcement efforts, please visit https://www.justice.gov/servicemembers.



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



This case was handled by Assistant U.S. Attorney Kelly A. Reis.



* * *



The Servicemembers Civil Relief Act (SCRA) is a federal law that protects service members and their families from financial and legal difficulties during periods of military service. It limits, postpones, or suspends various civil and financial obligations to allow service members to focus on their duties. The SCRA covers active duty service members, reservists, and National Guard members while on active duty.



Here's a more detailed look at what the SCRA covers:



Key Protections:



Interest Rate Caps:

.



The SCRA limits interest rates on pre-service debts (like credit cards, auto loans, student loans) to a maximum of 6% per year for the duration of the service member's active duty.

Mortgage Protections:

.

Service members can't be foreclosed on without a court order, and there are special provisions to help them avoid foreclosure.



Eviction Protections:

.

Service members are protected from eviction from their residences, even if they fall behind on rent.



Lease Termination:

.

Service members can terminate residential and automobile leases without penalty.

Protection from Civil Lawsuits:

.

Civil court proceedings are generally postponed or suspended during military service to allow service members to focus on their duties.



Tax Protections:

.

The SCRA provides some relief from state income taxes, particularly for service members stationed in different states.



Protection of Property:

.

The SCRA protects service members from the repossession of their property without a court order.



Dependent Protections:

.

In some cases, the SCRA also extends protections to the dependents of service members.



Important Considerations:



Active Duty Service: The SCRA primarily applies to service members on active duty.



Pre-Service Obligations: Many of the protections apply to debts and obligations incurred before entering active duty.



"Materially Affected": Whether a service member's ability to meet an obligation is "materially affected" by military service is a key factor in determining the applicability of some SCRA protections.

Waivers: Service members can choose to waive some of their SCRA rights.



Seeking Assistance: Armed Forces Legal Assistance Programs can provide guidance and assistance to service members regarding

SCRA rights and responsibilities.



Servicemembers' Civil Relief Act | OCC

The Servicemembers' Civil Relief Act (SCRA) postpones or suspends certain civil obligations to enable service members to devote th...



Office of the Comptroller of the Currency (OCC)

SCRA, The Servicemembers Civil Relief Act | Military OneSource

Jan 2, 2025 — Overview of SCRA Protections. The SCRA offers protections for service members and their families in areas ranging from ...



Military OneSource



Servicemembers Civil Relief Act (SCRA) - MyArmyBenefits



Dec 6, 2024 — Active duty Soldiers are eligible for the Servicemembers' Civil Relief Act starting on the date active duty orders are ...



MyArmyBenefits (.mil)





Generative AI is experimental.