Pettigrew v. National Recovery Solutions LLC

Background

Davy Pettigrew, appearing without a lawyer, sued National Recovery Solutions LLC under the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, and New York General Business Law § 349. He alleges that National Recovery Solutions LLC lacked a permissible purpose to access his TransUnion consumer report.

The court had previously granted Pettigrew permission to proceed without prepaying filing fees. In this order, the court addressed how the defendant would be served with the lawsuit.

Order

The court instructed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for National Recovery Solutions LLC, issue a summons, and deliver the necessary paperwork to the U.S. Marshals Service. The Marshals Service is therefore responsible for attempting service on the defendant.

The court explained that, because Pettigrew was proceeding without prepaying fees, he could rely on the court and the Marshals Service to carry out service. Although service generally must occur within 90 days after a complaint is filed, the court extended Pettigrew’s service deadline to 90 days after the summons is issued. If service is not completed within that period, Pettigrew should request an extension.

The court also directed Pettigrew to notify it in writing if his address changes and stated that the case could be dismissed if he fails to do so. The Clerk was directed to mail Pettigrew an information package. The order did not decide the merits of Pettigrew’s claims.