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Department of Justice Gets Involved in Towing Litigation and Obtains a $20,000 Consent Judgment for Service Member

By September 23, 2020 No Comments

The Department of Justice sued towing Target Towing and Recovery (Target) in the US Court for the Middle District of Florida, Tampa Division, for the tow and illegal sale of a service member’s vehicle.

The complaint alleges that Target violated the Service Members Civil Relief Act (SCRA) when Target sold the service member’s vehicle without providing her with adequate notice. A google search, the complaint alleges, would have made it obvious that the owner was a service member. Other evidence like the fact that the Service Member’s car had at least one military decal, military documents were in the car, her address of record was at a U.S. Marine Corps base, and that she obtained her vehicle loan through Navy Federal Credit Union would have also made it clear it was a service member’s car.

Under the SCRA “[a] person holding a lien on the property or effects of a service member may not, during any period of military service of the service member and for 90 days thereafter, foreclose or enforce any lien on such property or effects

without a court order granted before the foreclosure or enforcement”  50 U.S.C. § 3958(a)(1).

Attorney Eduardo A. Maura in light of the news said: “it is remarkable—and we are happy to see—that the Department of Justice is getting involved in a towing case. The facts of the case highlights what is a recurrent pattern in the towing world: companies are quick to tow, and quick to sell; ask questions later.”

For more details on this news check Shore News Network article at: Article

For more information about illegal towing, or if you’ve been towed, call or text at 305-570-2208 or email attorney Maura at eayala@ayalalawpa.com.

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