Question:
Afternoon Sir. My younger brother recently joined the army and left for BMT on the fifth. Last week I turned in some documents to his car company showing he is in BMT and I also showed them he is protected by the SCRA and that his car cannot be repossessed without a Court Order. They told me everything is fine and his car will not be taken, only for them to end up doing it anyway two days later. I called them today to tell them what they did was illegal and that he is protected by federal law and they hung up in my face. My question to you Sir, is who do I need to get in contact with to get my brothers automobile back?
Jim's Reply:
It's my opinion you're thinking of fighting a battle you'll lose. To chase down a company like the one you're talking of would require you to at least speak with a local attorney. That costs money. Filing complaints with various government agencies is a long shot for any help and may cause more trouble than it's worth. If someone goes to a Congressperson or makes any other sort of fuss that could eventually be communicated to his command and that's the last thing he needs. I have worked with a lot of soldiers in similar situations over the years and it's often best to chalk this one up to experience and let it go. It's a car, there will be others.
- PS from StatesideLegal: Another perspective comes from a military legal assistance attorney on our website advisory board : 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. In other words, your brother should have access to free legal assistance from an attorney at the Army legal office where he is receiving training. My understanding is that the Army conducts basic training at more than one installation. To find contact info for the legal office at his location, he can use this legal assistance locator. FYI, the Department of Justice (D0J) has taken enforcement action against several companies that have repossessed vehicles in violation of the SCRA. A case from earlier this year is featured on the DoJ website. Hope this helps