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SOUTHEAST TEXAS RECORD

Tuesday, April 30, 2024

Man sues auto dealership over personal property in repossessed car

Lawsuits
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A man sued a car dealership, alleging it failed to return personal property in a repossessed truck. | Photo by Evlakhov Valeriy, Shutterstock

A Conroe man has sued an auto dealership, claiming it illegally took personal property when it repossessed his truck.

In the lawsuit, James Trawick seeks $57,000 in damages from Big C Auto Sales of Pasadena, TX.

"Defendant repossessed Mr. Trawick's Chevrolet Silverado," the lawsuit states. "In the course of the repossession, the Defendant failed to return the personal property which belonged to Mr. Trawick. Mr. Trawick made every effort to secure his personal property, which you thwarted at your every opportunity. Defendant withheld the property knowingly and maliciously from Plaintiff, and failed to return it despite demand being made in May of 2022." 

A list of items that Trawick left in the truck and that were never returned includes tools, jewelry, cash and coins.

"In the course of the transactions between Plaintiff and Defendants, Defendants owed Plaintiff a duty to reasonable protect and secure his personal goods while completing the repossession," the suit states. "Plaintiff would show that Defendants failed to exercise ordinary care in performing such duty." The suit also accuses the dealership of fraud.

"Plaintiff would show that Defendants engaged in certain false, misleading and deceptive acts, practices and/or omissions actionable under the Texas Deceptive Trade Practices - Consumer Protection Act (Texas Business and Commerce Code, Chapter 17.41), as alleged herein below," the suit says.

In addition to financial damages, Trawick seeks payment of attorney fees.

Trawick v. Big C Auto Sales, Harris County District Court, 2023-01488

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