IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

UNITED STATES OF AMERICA, § 

§ 

Plaintiff § 

§ 

v. § No. 3-22-CV-02191

§ 

COLLISION MAXX USA INC., § 

TONNY CHACKO, AND § 

JENNIFER SHIPPER, § 

§ 

Defendants § 

COMPLAINT

The United States of America files its Complaint against Defendants 

Collision Maxx USA Inc., Tonny Chacko and Jennifer Shipper.

I.

Jurisdiction and Venue

1. This Court has jurisdiction over the subject matter of this action

pursuant to 28 U.S.C. §§ 1331 and 1345, and 29 U.S.C. § 216. 

2. Defendant Collision Maxx USA Inc. (“Collision Maxx”) is a resident

of the Northern District of Texas and presently resides within this judicial district 

with the following last known address or principal office: 

c/o Jennifer Shipper, Registered Agent

1600 SW Wilshire 

Burleson, Texas 76028 

Therefore, venue lies in this Court under 28 U.S.C. § 1391(b). 

Case 3:22-cv-02191-X Document 1 Filed 10/03/22 Page 1 of 12 PageID 1
Defendants Tonny Chacko and Jennifer Shipper may be served at 1600 SW 

Wilshire, Burleson, Texas 76208.

II.

Background Facts

1. Following an investigation by the U.S. Department of Labor it was 

determined that Defendant Collision Maxx had failed to properly pay its 

employees wages due them under the Fair Labor Standards Act, 29 U.S.C. §§ 201 

et seq. On May 25, 2017 Defendant Collision Maxx signed a Form WH-56 agreeing 

to pay its employees the back wages due. Attached as Exhibit A is a true and 

correct copy of the signed Form WH-56 setting out the amounts of back wages 

owed, which exhibit is incorporated herein.

2. Defendant Collision Maxx failed to pay all of the back wages due 

and after crediting all lawful credits and offsets, Defendant now owes a balance of 

$23,954.22 in unpaid back wages for this Form WH-56. 

3. Following a second investigation by the U.S. Department of Labor it 

was determined that Defendant Collision Maxx had failed to properly pay its 

employees wages due them under the Fair Labor Standards Act, 29 U.S.C. §§ 201 

et seq. On May 4, 2018 Defendant Collision Maxx signed a Form WH-56 agreeing 

to pay its employees the back wages due. Attached as Exhibit B is a true and correct 

copy of the signed Form WH-56 setting out the amounts of back wages owed, 

which exhibit is incorporated herein.

Case 3:22-cv-02191-X Document 1 Filed 10/03/22 Page 2 of 12 PageID 2
4. Defendant Collision Maxx failed to pay all of the back wages due 

and after crediting all lawful credits and offsets, Defendant now owes a balance of 

$3,168.57 in unpaid back wages for this Form WH-56.

5. Pursuant to 29 U.S.C. § 216(c), Plaintiff is entitled to sue for and 

collect all unpaid back wages owed by Defendant Collision Maxx, along with an 

additional amount equal to the unpaid back wages as liquidated damages.

6. Defendant Collision Maxx, a for-profit corporation was organized on 

January 6, 2015 and continued to do business as a corporate entity until January 

26, 2018 when its right to do business as a corporation was forfeited for failure to 

pay franchise tax as provided in Section 171.251 of the Texas Tax Code.

7. Defendant Collision Maxx failed to file the reports with the 

Comptroller of Public Accounts of Texas as required by statute and to pay the 

franchise tax due on or before May 15, 2017.

8. The Comptroller of Public Accounts properly notified Defendant 

Collision Maxx that if the overdue report was not filed and the overdue tax, with 

penalties, was not paid within 45 days of the mailing of the notice, Defendant 

Collision Maxx’s right to do business in Texas would be forfeited without judicial 

ascertainment, under Section 171.251 of the Texas Tax Code.

9. Defendant Collision Maxx, having failed to file the reports or to pay 

the franchise tax on or before day 45 after such notice was mailed to it, on January 

26, 2018, forfeited its right to do business in Texas without judicial ascertainment.

Case 3:22-cv-02191-X Document 1 Filed 10/03/22 Page 3 of 12 PageID 3
10. Pursuant to Section 171.309 of the Texas Tax Code, the Secretary of 

State determined all statutory provisions had been complied with and that the 

privileges of Defendant Collision Maxx should be forfeited without judicial 

ascertainment.

11. The forfeiture was duly effected by the Secretary of State by entering, 

on January 26, 2018, the word “Forfeited” on Defendant Collision Maxx’s charter 

filed in the office of the Secretary of State while citing Section 171.309 of the Texas 

Tax Code, as authority for the forfeiture. Defendant Collision Maxx’s corporate 

privileges have not been revived. Attached as Exhibit C is a copy of the Secretary 

of State’s forfeiture of Defendant Collision Maxx’s corporate charter.

12. Defendant Jennifer Shipper became active in Defendant Collision 

Maxx as a director, on January 6, 2015, and based upon information and belief

continued to act in that capacity through the events outlined in this Complaint, 

even though the privileges of Defendant Collision Maxx had been forfeited as set 

forth above.

13. Defendant, Tonny Chacko, became active in Defendant Collision 

Maxx as a director on August 23, 2016, and based upon information and belief

continued to act in that capacity through the events outlined in this Complaint, 

even though the privileges of Defendant Collision Maxx had been forfeited as set 

forth above. 

Case 3:22-cv-02191-X Document 1 Filed 10/03/22 Page 4 of 12 PageID 4
14. The transactions and indebtedness referred to in Paragraphs 3 and 4 

of this Complaint occurred and accrued after May 15, 2017, the date Defendant 

Collision Maxx’s franchise tax was due that it failed to pay.

15. Pursuant to Section 171.255 of the Texas Tax Code, Defendant 

Chacko and Defendant Shipper are bound, as if a partner, to the debt of $3,168.57 

in unpaid back wages, plus any applicable interest, penalties and administrative 

costs. Under this provision “each director or officer of the corporation is liable for 

each debt of the corporation that is created or incurred in this state after the date 

on which the report, tax, or penalty is due and before the corporate privileges are 

revived.” TEX. TAX CODE § 171.255(a). 

16. As set forth in the attached Certificate of Indebtedness, which is 

attached hereto and made a part hereof as Exhibit D, interest has accrued on the 

assessed penalties in these amounts, as provided by 31 U.S.C. § 3717(a)-(d), and 

non-payment penalties and administrative costs have been added to the assessed 

penalties in this citation, as provided by 31 U.S.C. §§ 3711(g)(6)-(7); 3717(e); 31

C.F.R. §§ 285.12(j); 901.1(f). 

17. As of June 29, 2022 Defendant is indebted to the United States in the 

amount of $49,265.53 (principal, interest, non-payment penalties and 

administrative costs) for the unpaid back wages as set forth in the Certificate of 

Indebtedness.

18. As of June 29, 2022, Defendant Chacko and Defendant Shipper are

jointly and severally indebted to the United States in the amount of $5,716.87 

Case 3:22-cv-02191-X Document 1 Filed 10/03/22 Page 5 of 12 PageID 5
(principal, interest, non-payment penalties and administrative costs) for the 

unpaid back wages as set forth in the Certificate of Indebtedness.

III.

Demand 

The United States respectfully requests judgment against Defendant 

Collision Maxx USA Inc., in the amount of $49,265.33. The United States 

respectfully requests judgment against Defendant Tonny Chacko and Defendant 

Jennifer Shipper in the amount of $5,716.87. The United States further requests 

prejudgment interest and non-payment penalties as allowed by law from June 30, 

2022 to the date of judgment, post-judgment interest, its costs of suit and for such 

other and further relief as the Court may deem just and proper.

 Respectfully submitted,

 RAY & WOOD

 By _________________________________ 

 Doug W. Ray 

 State Bar No. 16599200 

 

 300 Beardsley Lane, Suite B-100 

 Austin, Texas 78746 

 (512) 328-8877 (Telephone) 

 (512) 328-1156 (Facsimile) 

 dray@raywoodlaw.com 

 ATTORNEY FOR PLAINTIFF

UNITED STATES OF AMERICA

Case 3:22-cv-02191-X Document 1 Filed 10/03/22 Page 6 of 12 PageID 6
-Summary of Unpaid Wages 

Office Address: Danas TX -District Offt~ 

Dallas District Office 

1701 E. Lamar" 

Suite 270 

Arlington, TX 76006_ 

.817-8.61-2150 

· 1. Name 2. Address 

1. Blanco, Domlr:igo 

2. Estrada,. Fernando 

3. Freire, Juan 

4. Lopez, Alonso 

5. Lopez, Benjamin 

6. Maya, Alex 

7. Mejia, Orlando 

8. O~lvera, Noe 

. 9. Pineda, Hugo 

I agree to pay the listed employees the 

amount due shown above by 08118i1!81f 

Signed: 1111,( f:'°" 

Date: .2.S .---t4y 

- 2.0 ,.., 

·oate: 03/28/2017 3:16:26 _PM 

U.S. Department of Labor 

Wage and Hour Division 

Investigator: 

Luis Decker 

Employer Fed Tax ID Number: 47-2743973 

3. ·Period Coveree 

by Work-Week ~- Act(~) ·s. ewsoue 

Ending Dates · 

09/21/2016 FLSA $618.75 

to 

10/12/2016 

08/17/2016 FL.SA $2,i45.54 

to 

· 02/15/2017 

02/18/2015 FLSA $1,065.54 

to 

01"/18/2017 

02/18/2016 FLSA $869.73 

. to 

08/26/2015 

02/18/2015 FLSA $95.63 

to 

02/15/2017 

08/10/2016 FLSA $831.43 

to 

02/1512017 

_02/18/2015 FLSA $2,226.56 

to 

02/1.5/2017 

04/20/2016 FLSA $4;301.79 

to 

02/15/2017 

02/18/2015 FLSA $1,857.59 

to 

05/11/2016 

Employer·Name and Address: Subtotal: $14,012.56 

Colllalon Maxx 

Collision Maxx USA, Inc. . Total: $23,954.22 

1800 SW WIishire Blvd 

Burleson TX 76028 

CaselD~ 1812000 

- . . 

" . 

Date: 

03/28/2017 

Total 

$618.75 

$2-.145.54 

. $1,065.54 

$869.73 

$95.63 

$831.43 

$2,226.56 

$4,301.79 

$1,857.59 

$14,012.56 . 

$23,954.22 

Form WH-56 · 

Pag~ 1 

EXHIBIT A

Case 3:22-cv-02191-X Document 1 Filed 10/03/22 Page 7 of 12 PageID 7
Summary of Unpaid Wages 

Office Address: Dallas TX District Office 

Dallas District Office 

1701 E. LamarSuite 270 

· Arlington, TX 76006 

817-861-2150 

1. Name 2. Address 

10. Ramirez, Jose 

11. Sanchez, Alex 

12. Solis; Sergio 

13. Valdez, Anthony 

14. Wlls.on, Jay 

15. Zavala, Edgar 

I agree to pay the listed employees the 

amount due shown above by 081!8,2017 

Signed: 

. 2. 't A- cc.,: 2 ol7 

41-11t~ 

Date:. 2!:. ~v eon ;-

Date: 03/28/2017 3: 16:26 PM 

U.S. Department of Labor 

Wage and Hour Division 

Investigator: . 

Luis· Decker 

Employer Fed·Tax ID Number: 47-2743973 

3. Period CovenK1 

by Work Week 4. Act(s) · 5. BWs.Due 

· Ending Dates 

03/30/2016 FLSA $2,800.45 

to 

10/12/2016 

05/11/2016 FLSA $839.73 

to 

02/15/2017 

11/04/2015 FLSA $1,370.63 

to 

02/15/2017 

02/18/2015 FLSA $3,519.64 

to. 

02/15/2017 

02/17/2016 FLSA $735.00 

to 

02/15/2017 

11/02/2016 FLSA $676.21 

to 

02/15/2017 

Employer Name and Address: Subtotal: . $9,941.66 

Collision Maxx 

Collision Maxx USA, Inc. 

1600 SW Wilshire Blvd 

Total: $23,954.,22 

Burleson TX 76028 

Case ID: 1812000 

-

" . 

ij 

. 

Date: 

03/28/2017 

Total 

$2,800.45 

$839:73 

$1,370.63 

$3,519.64 

$735.00 

$676.21 

$9,941.66 

$23,954.22 

Form WH-56 

Page2 

EXHIBIT A

Case 3:22-cv-02191-X Document 1 Filed 10/03/22 Page 8 of 12 PageID 8
· Summary of Unpaid Wages 

Office Address: Dallas TX District Office 

Dallas District Office 

1701 E. Lamar 

Suite 270 

Artlngton1 TX 76006 

817-861-2150 

1. Name 2. Address 

1. Alvarado. Kevin 525 Meadow Street 

FortWorth. TX 76179 

2. Ford, Maegan 

3. Jimenez, James 2018 CR 401 

Alvarado, TX 76009 

4.Johnson,Sean 

5. Maya, Alex 2814 Azle Ave. 

Fort Worth, TX 76103 

6. Quintana, Edgar 3104 N. Crump Street 

Fort Worth, TX 76106 

7. Torres. Joel 2421 Loving Ave. 

Fort Worth, TX 76164 

8. Westmoreland, 

James 

9. Zavala, Edgar 

I agree to pay the listed employees the 

amount due shown above by 08/08/2018 

Signed: If\,~ ~\_, 

Date: ~,r'-t - \ .. 

Date: 05/04/2018 9:26:52 AM 

j 

U.S. Department of Labor 

Wage and Hour Division 

Investigator: 

Steven Bethurem 

Employer Fed Tax ID Number: 47~2743973 

3. Period Covered 

by Work Week 4. Act(s) 5. BWs Due 

Ending Dates . 

05/24/2017 FLSA $528.63 

to 

0'2/2B/2018 

04/05/2017 FLSA $471.63 

to 

06/14/2017 

08/23/2017 FLSA $474.00 

to 

12/20/2017 

08/23/2017 FLSA $81.45 

to 

12/20/2017 

06/2812017 FLSA $135.00 

to 

06/28/2017 

11/15/2017 FLSA $253.17 

to 

02/21/2018 

02/21/2018 FLSA $22.50 

to 

02/28/2018 

10/25/2017 FLSA $256.50 

to 

11/22/2017 

03/01/2017 FLSA $945.69 

to 

10/25/2017 

Employer Name and Address: Subtotal: $3,168.57 

Collision Maxx 

Collision Maxx USA, Inc. Total: $3,168.57 

5500 Watauga Rd. 

Fort Worth TX 76137 

Case ID: 1846587 

Date: . . 

05/04/2018 

Total 

$528.63 

$471.63 

$474.00 

-.• , •". , 

. .- . /'i• $81.45 

;,_· ._·.\~!\ 

$135.00 

$253.17 

$22.50 

$256.50 

$945.69 

$3,168.57 

$3,168.57 

Form WH-56 

Page 1 

:. ~ .. -. 

EXHIBIT B

Case 3:22-cv-02191-X Document 1 Filed 10/03/22 Page 9 of 12 PageID 9
EXHIBIT C
Collision Maxx 

5500 Watauga Rd. 

Fort Worth, TX 76137 

EIN: 47-27433973 

I hereby certify, as part of my duties with the U.S. Department of the Treasury (Treasury), including referring 

matters to the U.S. Department of Justice (DOJ) for litigation, I am a custodian of records of certain files sent by 

the U.S. Department of labor, Wage and Hour Division (DOL/WHD) to Treasury for collection actions. As a 

custodian of records for Treasury, I have care and custody of records relating to two (2) debts owed by Collision 

Maxx (DEBTOR) to DOL/WHD. 

The information contained in this Certificate of Indebtedness is based on documents created by an employee or 

contractor of DOL/WHD based on his/her knowledge at or near the time the events were recorded, including the 

review ofthe delinquency of back wage payments, or by an employee or contractor of Treasury based on his/her 

knowledge at or near the time the events were recorded, including the review of the delinquency of back wage 

payments. Treasury's regular business practice is to receive, store and rely on the documents provided by 

DOL/WHD, when debts are referred to Treasury for collection activities, including litigation. 

Upon completion of an investigation covering the DEBTOR's operations from 2/18/2015 through 2/15/2017, DOL 

issued monetary violations against the DEBTOR in the amount of $23,954.22 with an annual interest rate of 1.00% 

and an annual penalty rate of 6.00% for failure to pay back wages for fifteen (15} employees. On May 25, 2017, 

DEBTOR agreed to pay employees their back wages on or before 8/29/2017. This debt became delinquent on 

February 26, 2018, as the DEBTOR failed to honor the repayment agreement. 

Upon completion of investigation covering the DEBTOR'S operations from 2/16/2017 through 3/7/2018, DOL 

issued monetary violations against the DEBTOR in the amount of $3,168.57 with an annual interest rate of 1.00% 

and an annual penalty rate of 6.00% for failure to pay back wages for nine (9) employees. On May 4, 2018, DEBTOR 

agreed to pay employees their back wages on or before 6/8/2018. This debt became delinquent on December 6, 

2018, as the DEBTOR failed to honor the repayment agreement. DOL/WHD referred the delinquent debts to 

Treasury on August 10, 2019, and June 2, 2020. 

TRFM11770171 

On June 27, 2022, OMS referred the claim to DOJ for litigation and collection in the amount due of $23,954.22 

with daily interest of $0.66 and daily penalty of $3.94. As of June 29, 2022, the DEBTOR is indebted to the United 

States in the amounts stated as follows: 

EXHIBIT 

D 1 
TRFM13703780 

Principal: 

Interest (@l.00%): 

Penalty (@6.00%): 

Admin Fees: 

Total: 

$23,954.22 

$ 1,158.33 $ 6,889.12 $11,546.99 

$43,548.66 

On June 27, 2022, DMS referred the claim to DOJ for litigation and collection in the amount due of $3,168.57 

with daily interest of $0.09 and daily penalty of $0.52. As of June 29, 2022, the DEBTOR is indebted to the 

United States in the amounts stated as follows: 

Principal: $ 3,168.57 

Interest (@l.00%): $ 257.30 

Penalty (@6.00%): $ 775.16 

Admin Fees: $ 1,515.84 

Total: $ 5,716.87 

The balance stated in the case(s) listed above is current as of June 29, 2022, including any applicable interest, 

penalties, administrative fees, and DMS & DOJ fees (pursuant to 31 U.S.C. §§ 3717(e) and 3711(g)(6), (7); 31 C.F.R. 

285.120) and 31 C.F.R. 901.l(f); and 28 U.S.C. § 527 note). 

Pursuant to 28 U.S.C. § 1746(2), I certify under penalty of perjury that the foregoing is true and correct to the best 

of my knowledge and belief based upon information provided by the DOL and information contained in Treasury's 

records. 

7/7/2022 

Signed by: Bureau of the Fiscal Service 

Ashleigh Edmonds 

Financial Program Specialist 

U.S. Department of the Treasury 

Debt Management Services 

EXHIBIT 

D 2