Asked in Personal Injury, Landlord - Tenant and Small Claims for Texas

Q: possible to sue for const. eviction n Tx. justice court then later sue in county for assault

I had an eviction that was ruled in favor for my landlord. Even though it was in retalitory, 3 days later after she was served papers, of me filing a repair & remedy case. I appealed, before appeal hearing was set land lord stabbed me with a garden shovel aseveral times in the ribs, then went into her bedroom, came out with a pistol and pointed 2' from my crotch, pulled the trigger. it misfired, she ran back into her room and i called 911. She went to jail for Agg. Assauld w/deadly weapon. A second degree felony. Im suing now in justice court for the constructive eviction, hoping I could sue for assault later in county so i could get punitive damages. is this possible J, in Collin County Texas.

1 Lawyer Answer
Gary D. Peak
Gary D. Peak
  • Eastland, TX
  • Licensed in Texas

A: If she has been charged with assaulting you, yes you can file suit against her in civil court. Because it was an intentional act, her insurance would likely deny coverage, so she would need to have non-exempt assets to go after to collect a judgment. Was the rental you were evicted from her home, or another property? Do you know what assets she may have?

Did you get any medical treatment?

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