DEFENDANT PROCOLLECT INC.’S ORIGINAL ANSWER Page 1 of 7

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

SAN ANTONIO DIVISION

SHANDRECE USSERY, § 

§

Plaintiff, §

§

v. § Civil Action No. 5-20-cv-189

§

PROCOLLECT, INC., §

§

Defendant. §

DEFENDANT PROCOLLECT, INC.’S ORIGINAL ANSWER

ProCollect, Inc. (“Defendant” or “ProCollect”) files this answer to respond to Plaintiff’s

Complaint (the “Complaint”) filed by Plaintiff Shandrece Ussery (“Plaintiff” or “Palmer”) and 

would show the Court as follows:

A. ADMISSIONS & DENIALS

Pursuant to Rule 8(b), Defendant makes the following admissions, denials and other 

responses to Plaintiff’s averments, by corresponding paragraph number used in the Complaint: 

INTRODUCTION

1. Paragraph 1 contains only legal argument, and not any factual averments about 

Plaintiff’s claim for Defendant to admit or deny. To the extent that Paragraph 1 does contain any 

factual averments, Defendant denies same.

2. Paragraph 2 contains only legal argument, and not any factual averments about 

Plaintiff’s claim for Defendant to admit or deny. To the extent that Paragraph 2 does contain any 

factual averments, Defendant denies same.

3. Defendant admits that Plaintiff filed claims against Defendant as asserted in 

Paragraph 3, but denies any liability or that Plaintiff has any damages.
DEFENDANT PROCOLLECT INC.’S ORIGINAL ANSWER Page 2 of 7

JURISDICTION & VENUE

4. Defendant does not contest jurisdiction as alleged in Paragraph 4.

5. Defendant does not contest supplemental jurisdiction as alleged in Paragraph 5.

6. Defendant does not contest venue as alleged in Paragraph 6.

PARTIES

7. Defendant lacks sufficient information to know the truth about the allegations 

contained in Paragraph 7.

8. Defendant admits the allegations in Paragraph 8, save the spelling of the name 

Bowditch.

9. Defendant admits the allegations in Paragraph 9.

FACTS

10. Defendant admits the allegations in Paragraph 10.

11. Defendant admits the allegations in Paragraph 11.

12. Defendant lacks sufficient information to know the truth about the allegations 

contained in Paragraph 12.

13. Defendant lacks sufficient information to know the truth about the allegations 

contained in Paragraph 13.

14. Defendant lacks sufficient information to know the truth about the allegations 

contained in Paragraph 14.

15. Defendant lacks sufficient information to know the truth about the allegations 

contained in Paragraph 15.

16. Defendant lacks sufficient information to know the truth about the allegations 

contained in Paragraph 16.
DEFENDANT PROCOLLECT INC.’S ORIGINAL ANSWER Page 3 of 7

17. Defendant lacks sufficient information to know the truth about the allegations 

contained in Paragraph 17, other than rent and other averments were past due. 

18. Defendant admits the allegations in Paragraph 18. 

19. Defendant lacks sufficient information to know the truth about the allegations 

contained in Paragraph 19.

20. Defendant lacks sufficient information to know the truth about the allegations 

contained in Paragraph 20.

21. Defendant lacks sufficient information to know the truth about the allegations 

contained in Paragraph 21.

22. Defendant lacks sufficient information to know the truth about the allegations 

contained in Paragraph 22.

23. Defendant lacks sufficient information to know the truth about the allegations 

contained in Paragraph 23.

24. Defendant admits that it acts as a data furnisher to the consumer credit reporting 

agencies (the “CRAs”), and that it furnished information about the subject Account, however 

denies the remaining allegations in Paragraph 24 because Defendant does not determine or 

control what the CRAs report on an individual’s credit report. 

25. Defendant admits that it received telephone contact from Plaintiff where she 

disputed the debt; however without more definite information as to date and time of 

communication, lacks sufficient information to know the truth about the remaining allegations in 

Paragraph 25.
DEFENDANT PROCOLLECT INC.’S ORIGINAL ANSWER Page 4 of 7

26. Defendant admits sending the documents referred to in Paragraph 26, but lacks 

sufficient information to know if it was “in response” to the allegations in Paragraph 25 without 

a more definite statement.

27. Defendant admits receiving dispute materials from Plaintiff as alleged in 

Paragraph 27, but lacks sufficient information whether it was sent in response to the allegations 

in Paragraph 26 or 25.

28. Defendant denies the allegations in Paragraph 28.

29. Defendant denies the allegations in Paragraph 29.

30. Defendant admits the allegations in Paragraph 30. 

31. Defendant lacks sufficient information to know the truth about the allegations in 

Paragraph 31. 

32. Defendant lacks sufficient information to know the truth about the allegations

contained in Paragraph 32.

33. Defendant lacks sufficient information to know the truth about the allegations 

contained in Paragraph 33.

34. Defendant lacks sufficient information to know the truth about the allegations 

contained in Paragraph 34.

35. Defendant lacks sufficient information to know the truth about the allegations 

contained in Paragraph 35.

36. Defendant denies the allegations in Paragraph 36. 

37. Defendant denies the allegations in Paragraph 37.

FIRST CAUSE OF ACTION – FAIR DEBT COLLECTION PRACTICES ACT

38. Defendant admits the allegations in Paragraph 38.
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39. Defendant lacks sufficient information to know the truth about the allegations in 

Paragraph 39. 

40. Defendant denies the allegations in Paragraph 40.

41. Defendant admits the allegations in Paragraph 41. 

42. Defendant admits the allegations in Paragraph 42. 

43. Defendant denies the allegations in Paragraph 43, including subsections (a) – (c).

SECOND CAUSE OF ACTION – TEXAS FINANCE CODE CHAPTER 392

44. Defendant denies the allegations in Paragraph 44.

45. Defendant lacks sufficient information to know the truth about the allegations in 

Paragraph 45.

46. Defendant admits the allegations in Paragraph 46.

47. Defendant admits the allegations in Paragraph 47.

48. Defendant denies the allegations in Paragraph 48.

JURY DEMAND

49. Paragraph 49 is without any factual averment(s) to admit or deny.

PRAYER FOR RELIEF

Defendant denies that Plaintiff is entitled to any requests for relief, including subsections 

(a) - (f).

B. AFFIRMATIVE DEFENSES

AD1. Even if Plaintiff proves the allegations in the Complaint, Defendant is not liable to 

Plaintiff because the FDPCA and TDCA exculpates collectors who make mistakes 

notwithstanding the use of reasonable procedures adopted to prevent making them. Defendant 

did not intentionally violate the FDCPA, and Defendant maintains policies, procedures and 

practices to prevent the conduct alleged by Plaintiff. Any actions or omissions resulting in the 
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alleged FDCPA or TDCA violations resulted from a bona fide mistake, notwithstanding the use 

of such reasonable procedures Defendant has adopted to avoid such actions or omissions. See 15

U.S.C. § 1692k(c), and TEX. FINC. CODE § 392.401.

AD2. Plaintiff’s claims against Defendant are barred, or Defendant is not liable for 

Plaintiff’s claims, due to intervening or superseding causes. 

AD3. Plaintiff’s claims against Defendant are barred, or Defendant is not liable for 

Plaintiff’s claims, due to the actions of third parties.

AD4. As separate alternative affirmative defense to the Complaint, Defendant alleges 

that Plaintiff’s claims may be barred by any or all of the affirmative defenses contemplated by 

Rule 8(c) of the Federal Rules of Civil Procedure including, but not limited to, estoppel, failure 

of consideration, laches, statute of limitations and waiver. The extent to which Plaintiff’s claims 

may be barred by one or more of said affirmative defenses, not specifically set out herein, cannot 

be determined until Defendant has had an opportunity to complete discovery. Therefore, 

Defendant incorporates all said affirmative defenses as if fully set forth herein. 

AD5. Pleading affirmatively, Defendant reserves any and all defenses available under the 

FDCPA, TDCA and applicable Federal Trade Commission rules, regulations, orders, and 

decisions.

AD6. Defendant reserves the right to amend or supplement its affirmative defenses to 

include any defenses of which it is not presently aware.

PRAYER

Defendant requests a judgment that Plaintiff takes nothing on her claims against 

Defendant and that Plaintiff’s claims against Defendant are dismissed. Defendant prays for such 

other and further relief to which Defendant is entitled.
DEFENDANT PROCOLLECT INC.’S ORIGINAL ANSWER Page 7 of 7

Respectfully submitted,

By: _______________________________

JOHN W. BOWDICH

State Bar No. 00796233

BOWDICH & ASSOCIATES, PLLC

8150 N. Central Expy., Suite 500

Dallas, Texas 75206

(214) 307-9500 – Telephone

(214) 307-5137 – Telecopy

jbowdich@bowdichlaw.com

ATTORNEYS FOR DEFENDANT

PROCOLLECT, INC.

CERTIFICATE OF SERVICE

On April 17, 2020, I electronically submitted the foregoing document with the clerk of 

court for the U.S. District Court, Western District of Texas, San Antonio Division using the 

electronic case filing system of the court, thereby providing service to all parties.

William M. Clanton, Esq. VIA ECF

LAW OFFICE OF BILL CLANTON, P.C.

926 Chulie Drive

San Antonio, Texas 78216

ATTORNEYS FOR PLAINTIFF

By:_________________________________

JOHN W. BOWDICH