CAUSE NO.

___________________________

JUAN GONZALEZ § IN THE DISTRICT COURT

§
Plaintiff, §
§
§
v. § ______JUDICIAL DISTRICT

§
RICHARD JONES & §
TEXAS TRUCKING §
GROUP, INC §
§
Defendant. § COLLIN COUNTY, TEXAS

ORIGINAL PETITION

TO THE HONORABLE COURT:

COMES NOW Juan Gonzalez, as Plaintiff and states the following causes of action

against Defendant Richard Jones, & Texas Trucking Group, Inc under respondeat superior

doctrine, and would show as follows:

I. DISCOVERY CONTROL PLAN

1. This case shall be governed by a Level 3 discovery plan.

II. PARTIES

2. Plaintiff Juan Gonzalez who lives in Richardson, Texas and works in McKinney,

Texas.

3. Defendant American Recovery Solutions, LLC (“ARS” or “Defendant”), is a Texas

limited liability company with its principal place of business in Collin County, Texas. ARS can

be served with process on its registered agent, Robert Walters, at 123 HWY 75, Plano, Texas

75189.

ORIGINAL PETITION Page 1

 III. JURISDICTION AND VENUE

4. This Court has jurisdiction over the subject matter of this case because the amount in

controversy is greater than $200,000 and less than $1,000,000, which exceeds the minimum

jurisdictional requirements of this Court.

5. This Court has personal jurisdiction over the Defendant because Defendant is a

resident of Collin County, Texas.

6. Venue for this case is proper in Collin County, Texas, pursuant to Defendant’s

principal office location in Collin County.

IV. RELEVANT FACTS

7. MPI contracted with ARS to provide account collection services on behalf of MPI.

Under the agreement, ARS would collect money owed to MPI and forward the proceeds to MPI.

8. Pursuant to the contract, ARS collected on MPI accounts in an amount of

$218,198.32. However, ARS did not forward the proceeds to MPI, in breach of the agreement.

9. Despite demands made, ARS refuses to forward the collected funds to MPI.

V. CLAIMS

Count One:

Breach of Contract

10. The preceding paragraphs are incorporated herein as if set forth verbatim.

11. MPI and Defendant entered into a legally binding contractual agreement so as to set

forth the duties and responsibilities of the parties.

12. Defendant has breached the contract by retaining collected funds owed to MPI.

ORIGINAL PETITION Page 2

 13. MPI has been damaged by Defendant’s breach in an amount to be proven at trial but

in excess of the minimum jurisdictional limits of the Court.

VI. CONDITIONS PRECEDENT

14. All conditions precedent to MPI’s rights and claims herein have been performed or

have occurred or have been waived.

VII. ATTORNEYS FEES

15. Due to the breach by Defendant, Plaintiff has been forced to hire legal counsel to

protect its interests in this matter, and seeks recovery of attorney fees and costs associated with

this lawsuit, pursuant to Tex. Civ. Prac. & Rem. Code Section 38.001 et seq. All prerequisites to

recovery of fees and costs have been met.

VIII. PRAYER

WHEREFORE, Plaintiff prays and requests:

a. That Defendant has breached its contract with MPI;

b. That MPI be awarded all its actual and consequential damages caused by

Defendant’s conduct;

c. MPI be awarded reasonable attorneys’ fees; and

d. For such other and further relief as the Court may deem just and equitable.

Respectfully submitted,

________________________________________
Cody L. Towns
Texas Bar No. 24034713
TOWNS LAW FIRM, P.C.
4835 Lyndon B Johnson Frwy, Suite 750
Dallas, Texas 75244
(469) 421-1500 Telephone

ORIGINAL PETITION Page 3

 (469) 421-1505 Facsimile
E-Mail: ctowns@townslawfirm.com

ATTORNEYS FOR PLAINTIFF

ORIGINAL PETITION Page 4