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.
