C
Chuckliebs
Guest
- Jurisdiction
- New York
I had my vehicle repossessed while on active duty military. How do I check to see if the loan company went through the proper SCRA channels to do so?
army judge
Super Moderator
Active military members aren't immune from having their vehicle repossessed.
There are certain times that their vehicles can't be repossessed, as in war zone deployments.
The issue doesn't disappear, it just can't be enforced while the member is serving in a war zone.
Servicemembers Civil Relief Act - Legal Protections for Military
Vehicle Repossessions: What If The Owner Is Covered Under The SCRA?
The SCRA mandates that creditors MUST seek and receive a court order before any vehicle owned by an active duty service member can be is repossessed.
It is LEGAL to repossess a service member's automobile, but not without seeking and obtaining a PROPER court order.
In most jurisdictions this is known as a "writ of replevin".
In NY state it is called "Pre-Trial Order of Seizure Remedy".
Possession is Not Always Nine-Tenths of the Law – New York's Pre-Trial Order of Seizure Remedy
army judge
Super Moderator
Was the deployment in a war zone?
If NOT, nothing extraordinary was required to be obtained.
If the lender obtained a "Pre-Trial Order of Seizure Remedy" it could be discovered in your county court system, if such a writ was required.
Someone would have been served such a write, if one had been acquired, and the writ would have been returned to the court as served.
I suggest you simply go to your JAG office and inquire.
That is why JAG exists, to serve you.
army judge
Super Moderator
Then you weren't entitled to any such protections.
The protections apply only to war zone deployments.
Although the UK is, indeed a war zone, the war has only been declared by the terrorists brigades, not the government. LOL
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