Washington state Attorney General sues towing company for alleged state SCRA violation

State Issues State Attorney General SCRA Consumer Finance Auto Finance Servicemembers

On September 11, the Washington state Attorney General announced the filing of a lawsuit against a towing company for allegedly auctioning off a servicemember’s car while he was deployed, in violation of the Washington Servicemembers’ Civil Relief Act (WSCRA). The complaint argues that the towing company impounded and unlawfully sold a deployed servicemember’s car without first determining the military status of the car’s owner and without obtaining a court order, as required by the WSCRA. The complaint rejects the towing company’s arguments that the responsibility fell on the servicemember’s creditor to redeem the vehicle as the legal owner because the law places the duty for determining military status on the party enforcing the lien. The complaint seeks restitution for the servicemember and a permanent injunction. Additionally, the complaint seeks civil penalties of up to $55,000 for a first offense and up to $110,000 for subsequent offenses, as allowed by the WSCRA.