Longview, TX asked in Criminal Law for Texas

Q: My repo man attacked me and I didn’t threat or attack or try to block or stop him he already had my truck he came back

And said I stole his phone he dropped the phone in my yard attacked me and my husband

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1 Lawyer Answer
Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: The use of force may be legally justified to prevent theft or to prevent escape after a theft. However, if he was mistaken and had simply dropped his phone then there was no theft and his use of force was not justified. In that scenario, it sounds like the repo man committed the crime of Assault against you. You could report it to law enforcement but it is their decision on whether or not to actually file charges.

If you suffered any actual damages due to the assault you might also be able to file a civil lawsuit against the repo man, the repo company, and the car dealership. I am not sure about how that works because my office does not take civil lawsuits. You should seek information from a civil attorney if you want to file a civil lawsuit.

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