Are You in Possession of a Servicemember’s Vehicle?for All Industries on Thursday, December 10, 2020 by Michele Lee
The Servicemembers Civil Relief Act (SCRA) protects our servicemembers from repossessions and liens during active duty.
The SCRA states that:
A creditor may not repossess a vehicle during a borrower’s period of military service without a court order as long as the servicemember borrower either placed a deposit for the vehicle or made at least one installment payment on the contract before entering military service 50 U.S.C. § 3952.
A person holding a lien on the property of a servicemember, such as a storage facility or a tow company, may not enforce the lien (dispose of the property) without a court order during the servicemember’s period of military service and 90 days thereafter. 50 U.S.C. § 3958.
You can search for active duty military members using the Department of Defense’s Defense Manpower Data Center here: https://scra-w.dmdc.osd.mil/scra/#/home
If you are in possession of an active duty military member’s vehicle, please consult your legal counsel.
Learn more about the SCRA here: https://www.justice.gov/servicemembers/servicemembers-civil-relief-act-scra