Chapa v. Traciers & Associates
Texas Court of Appeals
267 S.W. 3d 386 (2008)
Marissa Chapa defaulted on payments for her white 2002 Ford Expedition. Ford Motor Credit Corporation (FMCC) (defendant) hired Traciers & Associates (Traciers) (defendant) to repossess the truck from Marissa. Traciers provided Paul Chambers (defendant), a Traciers employee, with the address to complete the repossession. However, Traciers and Chambers did not realize that the address belonged to Marissa’s brother and his wife, Carlos and Maria Chapa (plaintiffs), who owned a Ford Expedition of the same make and model as Marissa’s. Chambers went to the given address, parking two houses away. At the same time, Maria exited the home and put her two young children in the Expedition, an action not seen by Chambers. Because another car was parked behind the Expedition in the driveway and blocking its exit, Maria first backed the other car out onto the street. Maria then backed her Expedition onto the street, leaving the keys in the ignition while she returned the other car to the driveway. When Maria briefly reentered the home, Chambers quickly towed the Expedition away, unaware of the children’s presence in the truck. Maria called her husband and 911 upon finding that the Expedition and children were gone. At the same time, Chambers heard sounds from the Expedition, saw the children, and immediately returned to the Chapas’ home with the truck. Carlos and Maria brought suit against FMCC and Traciers, claiming that Chambers’s improper repossession caused the Chapas severe emotional damage. The trial court granted summary judgment in the defendants’ favor, and the Chapas appealed.
Rule of Law
Holding and Reasoning (Guzman, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 175,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.