Army Veteran battles creditors in federal court
Wed, 19 Feb 2014 00:06:25 GMT —
Retired Army Reserve Captain Anthony Banaszak says his rights under the Servicemembers Civil Relief Act are being violated and his fight is going to federal court.
"Iâ??ve defended our country for 23 years Iâ??ve earned the right to have somebody defend my rights," said Banaszak.
Since retiring from the Army last March... Anthony Banaszakâ??s truck has been repossessed and the bank is threatening foreclosing his home.
"I lost a tremendous amount of pay when I got called to active duty," said Banaszak.
Banaszak says he lost about 50% of his pay after leaving his auto industry job for the Army.
"I tried to pay them. I paid my bills Iâ??m a soldier in distress," said Banaszak.
Since retiring from the Army, Banaszak says he's is entitled to protection under the Servicemembers Civil Relief Act or SCRA.
"We have alleged that itâ??s a violation of the SCRA to repossess the truck without a court order,â?? said Banaszakâ??s attorney Matt Cooper.
It states within 180 days of release from the military, a soldier may apply for anticipatory relief, giving Banaszak more time to pay.
According to federal court records, chase bank repossessed Banaszak's vehicle 152 days after left active duty.
"We were within 180 days in filing that cause of action," said Cooper.
And the bills keep coming, Banaszak is also facing home foreclosure. He says without the extra time, he wouldn't be able to pay the money back.
"We filed a cause of action in federal court alleging that they violated section 527 of the SCRA," said Cooper.
Under the SCRA, Banaszak was supposed to be charged 6% interest on his mortgage but according to his mortgage documents, he was being charged 6.875%.
Citimortgage declined comment and calls to JPMorgan Chase attorneys were not returned.
"I just want them to do what they are supposed to do now. Thatâ??s all I ask," said Banaszak.
In his first hearing about his repossessed truck a federal court judge has taken the case into consideration. When Banaszak will get an answer is unknown.