Justice Department Sues California Towing Company for Auctioning a Servicemember’s Vehicle in Violation of Federal Law

The Justice Department filed a lawsuit today against Tony’s Auto Center Inc., doing business as Tony’s Auto Center, in Chula Vista, California, alleging that it illegally auctioned off a deployed U.S. Navy Lieutenant’s car, in violation of the Servicemembers Civil Relief Act (SCRA).  The SCRA prohibits a towing company from auctioning off a vehicle owned by a servicemember unless it first obtains an order from a court allowing it to do so.

“When towing companies ignore their legal obligations under the SCRA, it can have serious financial consequences for servicemembers,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “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.”

“The law provides specific and necessary protections to active duty servicemembers so they can dedicate themselves to protecting our freedom,” said U.S. Attorney Tara McGrath for the Southern District of California. “As the filing of this complaint demonstrates, we will fight to enforce those protections.”              

The department’s lawsuit, which was filed today in the Southern District of California, alleges that Tony’s Auto Center illegally auctioned the Lieutenant’s 2011 Mazda 6 while he was deployed at sea aboard the USS Bunker Hill. Prior to deployment, the Lieutenant placed some personal belongings in his car and parked it in front of a friend’s house. While the Lieutenant was at sea, Chula Vista Police Department impounded the car due to 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 the Lieutenant’s car at auction without obtaining a court order authorizing the sale.

According to the complaint, in March 2023, the Lieutenant returned home from deployment to find that his car had been towed. He then contacted Tony’s Auto and learned that they had sold his car. Even though he no longer had the car, he had to continue making his monthly car loan payments to Navy Federal Credit Union, which totaled over $2,500.

Individuals with information that may be relevant to this case should call the U.S. Attorney’s Office for the Southern District of California at 619-546-7516.

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

The Justice Department’s enforcement of the SCRA is conducted by the Civil Rights Division’s Housing and Civil Enforcement Section and U.S. Attorneys’ Offices throughout the country. Since 2011, the department has obtained over $481 million in monetary relief for over 147,000 servicemembers through its enforcement of the SCRA. Additional information on department’s enforcement of the SCRA and other laws protecting servicemembers is available at www.servicemembers.gov.