Soldier's car repossessed while deployed to Ira

By Gene Rector

Clayton Jenkins of Montezuma has a federal law on his side, but his beef with an Oglethorpe used-car dealer is far from clear cut.

Macon County Auto Sales repossessed Jenkins' 1996 Chrysler Concord in May 2005 while the 48th Brigade member was deployed to Iraq. No one disputes that. And an Army attorney has said the "buy-here, pay-here" dealership violated the Service Member's Civil Relief Act. That has owner Mark Neisler in potential hot water. But then the details get murky.

Jenkins said Neisler repossessed his car for no valid reason.

"I had paid $1,500 down and we were caught up on all payments," the Blue Bird employee said last week. "My wife took the May payment down there that morning and Neisler refused it. He didn't give her any explanation. Then that night, he came and got the car."

Information Jenkins provided to Fort Stewart attorney Russell Putnam Jr. shows the Army specialist purchased the car in December 2004 for $3,850. He paid $1,600 down and made four monthly payments of $250 before it was repossessed.

Jenkins' wife, Monica, described the confrontation with Neisler when she attempted to deliver the May installment.

"He was very rude," she reported. "He asked me to get off his property. I told him we only had three more payments to go and he said, 'You're right, but I've decided I'm not going to accept anything from you.' "

The Allen Canning Co. worker said Neisler's motives were clear to her: "He just wanted to confiscate the car and keep the money."

She said the repossession created severe hardships for her and five children. Her husband had deployed four months earlier. Two of the children were ill and needed frequent medical attention. She was suffering from migraines and was in and out of doctors' offices and the emergency room.

"I had a lot of problems about that time," she confided. "I was really going through a lot of things and had no transportation for anything, including getting food for my kids. I had to pay someone or catch a ride."

Neisler offered a different view during a Thursday telephone interview. He implied that Jenkins was using federal law and his deployed status to avoid paying for the car.

"Nobody offered to pay off the car," he contended. "They were three payments behind or it wouldn't have gotten repossessed. I told them if they paid it off, they could get it back. They said they didn't have to pay if off. That's the way it ended. They cussed me out and called me every name in the book and said they would never buy anything from me."

Neisler said he has sold the Jenkins family three or four cars and has never received payment.

"I again tried to help them and see what that got me," he stated. "I'm a good person trying to help somebody. Yet I'm a bad person for taking the car. What about me getting my money? What about my family eating?"

He said he didn't know what the big deal was regarding the federal law and Jenkins' deployed status. "I don't care where he was," Neisler acknowledged. "If you don't make your payments, your car gets repossessed."

Neisler said another Macon County used car dealer, Larry Wilson, experienced similar problems with Jenkins. Wilson, owner of Cars R Us, said Jenkins bought two cars from him and did not pay for either one.

"He left me owing quite a hunk of money. I repossessed one and I could never find the other," Wilson contended. "I would never sell him another car."

Jenkins said his family has bought only two cars from Neisler - the one repossessed while he was deployed and a vehicle his wife bought two years ago.

Monica Jenkins confirmed the purchase, but said the deal fell through when the car developed engine problems.

"I had the car three or four days and (Neisler) assured me he would get his mechanic to work on it," she said. "He never did fix it. I was the one who called him to come and get it."

As for Wilson, Jenkins said he purchased one car that was later repossessed after he missed one payment. Monica Jenkins dismissed Wilson's comments: "Of course he's going to say that because he and Neisler are close friends."

Army attorney Putnam said "money owed" has little impact on laws protecting deployed members of the military. Documents issued by Putnam indicate creditors are forbidden from "repossessing for breach of contract ... without a court order."

The Fort Stewart official said he notified Neisler of his failure to obtain a court order by telephone and in a Dec. 12, 2005, letter. The car dealer denied receiving a phone call and was vague on receipt of a letter.

"No Army attorney has called me," he asserted. "I got some kind of letter but it was no good. Jenkins had one of his friends write it on Army letterhead just to scare me."

Putnam confirmed Thursday that the Dec. 12 letter - obtained by The Telegraph - was valid. "That's my signature," he said. "I sent it first class, return receipt requested. (Neisler) took the car in violation of federal law."

The letter contained a $10,000 settlement offer if executed by Jan. 3, 2006. Neisler did not respond. Putnam said violation of the statute can result in a fine, imprisonment for not more than a year, or both.

Jenkins has had little success in pursuing his claim since returning from Iraq in June of last year. Putnam referred the case to U.S. Attorney Max Wood in Macon, who declined to prosecute. Wood cited "limited resources," according to Jenkins. When asked why he would not help Jenkins, Wood issued a "no comment" response Thursday through an assistant.

The 48th Brigade member said his next step would be to file an action in Macon County Magistrate Court. "My Warner Robins attorney advised me to represent myself first and if (Neisler) appeals then get an attorney," he said. "He has not responded in any way." Jenkins said he would ask for $10,000, including pain and suffering.

Another option might come with the U.S. Justice Department. That agency regards violation of the Service Member's Civil Relief Act as a civil rights issue.

Neisler said he is guilty only of trying to help Jenkins. "I helped them when they were tight and needed a car," he said. "I didn't want to sell them another one, but I did any way. I took a chance and I got screwed. That's what this whole world is about it seems like. Somebody always has a loophole."