UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF TEXAS

SAN ANTONIO DIVISION

Edwardo Castillo §

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Civil Action No.

v 5:20-cv-552

Morgan & Associates, P.C.

Plaintiff’s Original Complaint

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Introduction

1. This lawsuit is filed under the Fair Debt Collection Practices Act for 

Defendant’s violation of the same. The FDCPA was enacted to curb 

harassment, abuse, and misleading practi ces by debt collectors. 

2. The FDCPA regulates communications by debt collectors. Part of this 

regulation prohibits debt collectors from contacting a consumer it knows 

is represented by counsel. 15 U.S.C. § 1692c(a)(2). 

3. Plaintiff brings this action under the FDCPA and seeks actual damages, 

statutory damages, reasonable attorney’s fees, and costs. 

Jurisdiction & Venue 

4. Jurisdiction of this Court arises under 15 U.S.C. § 1692k(d) and 28 U.S.C. 

§ 1331.

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5. Venue is proper in this district and division pursuant to 28 U.S.C. § 

1391(b) as a substantial part of the events or omissions giving rise to 

Plaintiff’s claims occurred here. 

Parties

6. Plaintiff, Eduardo Castillo, is a natural person who resides in and has 

resided in San Antonio, Bexar County, Texas at all times rele vant to this 

action.

7. Defendant, Morgan & Associates, P.C. is an Oklahoma professional 

corporation whose principal business address is 2601 N.W. Expressway, 

Suite 205 East, Oklahoma City, Oklahoma 73112. It may be served with 

process via its registered agent Porter H. Morgan at the same address.

8. Morgan is a third-party debt collector as defined by the FDCPA. As such 

Texas law requires it to maintain a third-party debt collector bond on file 

with the Texas Secretary of State. Morgan’s third-party debt collector 

bond is numbered 775224253TX.

Facts

9. Morgan regularly collects, and attempts to collect, defaulted debts which 

were incurred, or alleged to have been incurred, for personal, family, or 

household purposes on behalf of others using the U.S. Mail, telephone, 

and internet.

10. The principal purpose of Morgan is the collection of such debts.

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11. The Debt is an allegedly defaulted debt that Castillo used for personal, 

family, and household purposes (the “Debt”).

12. In an effort to collect the Debt Morgan sued Castillo in Bexar County. 

13. Castillo hired undersigned counsel to represent him in the county court 

suit.

14. Undersigned counsel filed an answer date stamped October 22, 2019 and 

served it upon Morgan via electronic filing manager and first-class mail.

15. A true and correct copy of the answer is attached as Exhibit A. 

16. In a letter dated February 7. 2020 Morgan contacted Castillo in an effort 

to settle the county court case. 

Cause of Action – Fair Debt Collection Practices Act

17. Morgan is a debt collector as defined by 15 U.S.C. § 1692a(6).

18. The Debt is a debt as defined by 15 U.S.C. § 1692a(5).

19. Castillo is a consumer as defined by 15 U.S.C. § 1692a( 3).

20. The February letter is a communication as defined by 15 U.S.C. § 

1692a(2).

21. The letter violates the FDCPA in that it was sent to Castillo after Morgan 

had been served with Castillo’s answer to the underlying suit which 

included his attorney’s contact information. Communicating with a 

consumer when a debt collector knows that consumer’s attorney’s 

information violates 15 U.S.C. § 1692c(a)(2). 

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22. The letter appears to be signed by an attorney. However, if an attorney 

had reviewed the file, they would have found that Castillo had filed an 

answer and was represented by counsel. No attorney was meaningfully 

involved in the preparation, review, or sending of the February letter in 

violation of 15 U.S.C. § 1692e(3). 

Jury Demand

23. Plaintiff demands this case be tried before a jury.

Prayer for Relief

Plaintiff prays, that this Court enter judgment against Defendant and in favor of 

Plaintiff for:

a. Actual damages per 15 U.S.C. § 1692 k(a)(1);

b. Statutory damages per 15 U.S.C. § 1692k(a)(2); and

c. Attorney’s fees, costs, and litigation expenses per 15 U.S.C. § 1692

k(a)(3).

Dated May 5, 2020 Respectfully Submitted,

/s/William M. Clanton

William M. Clanton

Texas Bar No. 24049436

Law Office of Bill Clanton, P.C.

926 Chulie Dr. 

San Antonio, Texas 78216

210 226 0800

210 338 8660 fax 

bill@clantonlawoffice.com

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