Galveston, TX, August 27, 2012 – A Texas Man alleges he had been assaulted with a metal bar, had the door shut on his fingers and leg run over by a South Texas repo company who had previously been sued in 2009.
Charles Miller and his wife Silvana Fox of Galveston filed a $1.5 million lawsuit against South Texas Recovery Inc., Vasut’s Body Shop Inc., VW Credit Inc. and Alvin local Buddy Lee Gonzales in a County District Court. Miller alleges that he sustained physical injuries in his attempt to stop his mother’s car from being repossessed.
Miller claims that Gonzales, working for South Texas Recovery Inc. attempted to repossess a Mercedes Benz belonging to Miller’s mother at his apartment on Oct. 26, 2011. Miller claims that Gonzales ran over his leg with a tow truck during the incident.
According to the Miller’s lawsuit, Gonzales came toward Miller with a metal bar swinging “several times” until he disarmed Gonzales and was informed that the vehicle was being repossessed, which the tow truck driver then said that he would “drop.”
Miller alleges that Gonzales “suddenly darted” into the cab with Miller trying to stop him by grabbing the driver’s side door which Gonzales had just shut on his finger.
According to Miller he had to run alongside the vehicle as Gonzales drove away increasing his speed.
Claiming that he “feared for his life” he smashed the driver’s window and opened the door, falling to the ground afterwards which was when the wrecker allegedly ran over Miller’s leg.
Millers’s lawsuit alleges that the events in question represented a “breach of the peace.”
A jury trial is being requested.
In 2009, South Texas Recovery Inc. was sued in a personal injury lawsuit along with Nissan Motor Acceptance in the case of Stitt v. South Texas Recovery, Inc. et al.
Remember everyone, debtors do lie! Along with over exaggerate a situation. Clearly there was a breach of peace, but who breached it and does that even matter who breached it?
It’s for a jury to decide!
Where the drivers trained or certified ? Is there a pattern here ? Two lawsuit’s in 3 years , driver maybe over aggressive. Bet this is going to be another sign of contingent assignments.
Miller’s allegations seem a little far fetched. They read like something out of a repo reality show episode. One or two of these things is possible, but all three? Seems kind of odd. Third party possession deal with two parties of no standing to the loan making allegations. Regardless, anything is possible.
Regarding this company. I could find no website or internet based contact numbers or website for them. With no clear marketing presence, I assume they work for a forwarder.
I agree with Scott. CUCollector is right in running this story as it appeared in the press, but I know I have been guilty of “rushing to judgement” on stories like this as to deciding who was the wrongdoer.
It would be interesting to know if the lienholder (or their middleman) assigned this on a contingent basis? That would be a question worth asking…….
REMEMBER…2 sides to EVERY story.