your verification comes back in time. d. Inspect the car. Are there military decals, uniforms, documents about military service or are there papers in the vehicle (if you have access) that would lead you to believe that the owner may be in the military? Any information should be noted on the checklist for the compliance officer.
the stakes are so high? Your local lawyer will show you a streamlined approach. Before a court issues your order, it will require an affidavit saying whether the owner is in military service or, if the plaintiff is unable to determine whether the owner is in military service, stating that the plaintiff is unable to determine whether the owner is in military service (usually called “affidavits
of due diligence”). These affidavits are available from the SCRACVS. A local lawyer will assist you. Compliance with the SCRA is crucial for towing operators. Successful professionals know the importance of setting up the procedures and the value of a checklist. SCRACVS is a good source of information, but having a local attorney is vital as the ultimate resource.
e. Review any waiver given to you. If you have a written document from the owner purporting to waive SCRA protections you should: • Check with your lawyer to make sure that the document is sufficient under the SCRA at 50 U.S.C. § 3918. A good example of a sufficient waiver can be found as Exhibit A to the Consent Decree (https:// bit.ly/3mHSgSK). • Make sure the waiver is executed after or during the period of military service (not before). • Send a copy of the waiver to the owner before the 30th day before the auction or sale along with a notice that the sale is taking place. Attach a copy to your checklist. • Check with your local lawyer to see if your state has additional requirements or any database that needs to be checked to add to your checklist. • Obtain a court order if in doubt before you sell or dispose of a vehicle.
WHEN IN DOUBT, GET A COURT ORDER
The SCRA says that you should first obtain a court order if the vehicle belongs to a servicemember. If you are in doubt, obtain a court order first. Why take a risk when Work the non-traffic side - Stay Safe!
AmericanTowman.com | January 2021 • 29