The case is the first such federal lawsuit under the SCRA against a towing company in regards to filing military affidavits. Image: Virrage Images/Shutterstock.com
By: FEDweek StaffEight Marines based at Camp Lejeune, North Carolina whose cars were towed and resold without proper disclosures are getting some relief for their troubles. The Justice Department announced that the owner of Goines Towing and Recovery violated key provisions of the Servicemembers Civil Relief Act (SCRA) when he authorized towing and then reselling the vehicles while their owners were deployed. Under the settlement, the owner – Billy Joe Goines – agreed to pay $66,805 to the affected Marines. He also is required to forgive storage fees some of the Marines were assessed, attend training on SCRA guidelines, and issue new guidelines that comply with the act’s provisions.
The act provides financial and property protections to service members. In this case, the towing company should have filed an accurate affidavit that states whether a vehicle is owned by a service member before it can get a court judgment that would allow resale of a stored vehicle. Any vehicle belonging to a service member cannot be sold until a court appoints an attorney to represent him or her. These attorneys would have the option of requesting a postponement of the matter for at least 90 days.
The eight Marines contended in a complaint that Goines “either failed to file or filed inaccurate military affidavits with the court,” according to a Justice Department statement. Goines also apparently filed military affidavits stating he could not tell that the vehicles were owned by service members, even though some of the vehicles were parked on or near a military base and had military decals / bumper stickers or the owner’s spouse had told him that the they were owned by service members.
“By failing to follow federal law, Goines deprived servicemembers of the opportunity to reclaim their vehicles,” said Assistant Attorney General Kriste Clarke of the Justice Department’s Civil Rights Division.
“Goines took a Marine corporal’s SUV from a parking lot near Camp Lejeune while he was deployed to Okinawa. Then Goines asked a court to let him sell it and keep the proceeds, without ever flagging the corporal’s service for the court,” said Michael F. Easley Jr., U.S. Attorney for the Eastern District of North Carolina. “Debt collectors and towing companies shouldn’t be allowed to take and sell [servicemembers’] property behind their backs.”
The case is the first such federal lawsuit under the SCRA against a towing company in regards to filing military affidavits.
Pentagon Orders New Task Force, Disbands Counter‑Drone Office
Trump to move Space Command headquarters out of Colorado
Civilian FERS Now? How to Buy Back Your Military Time if You Stand to Gain
Audit: Rise in ‘Severe Staffing Shortages’ at VA Medical Facilities
Can My Military Discharge be Upgraded? Yes
The Rules for Getting Both Military Retired Pay and a Federal Annuity
Credit for Military Service for Federal Retirement Annuities
