Pettigrew v. BAYVIEW SOLUTIONS LLC

Background

Davy Pettigrew, appearing without a lawyer, brought claims under the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, and New York General Business Law § 349. He alleges that Bayview Solutions LLC accessed his Experian consumer report without a permissible purpose. The opinion does not decide whether those allegations are true or whether they state valid claims.

The court had granted Pettigrew permission to proceed without prepaying filing fees in an order dated April 4, 2025.

Service Order

Because Pettigrew was permitted to proceed without prepaying fees, the court directed the Clerk of Court to assist with service. The Clerk must complete a U.S. Marshals Service Process Receipt and Return form for Bayview, issue a summons, and deliver the required paperwork to the U.S. Marshals Service. The Marshals Service will then effect service on Bayview.

The court also extended the service deadline. Although the usual deadline is 90 days after the complaint is filed, Pettigrew could not serve the complaint before the court reviewed it and ordered the summons issued. The extended deadline is 90 days after the summons is issued. If Bayview is not served by then, Pettigrew must request an extension of time. He must also notify the court in writing if his address changes; the court stated that it may dismiss the action if he fails to do so.

Disposition

The court entered an order of service. It instructed the Clerk to issue the summons, complete the service form with Bayview’s address, and provide the necessary documents to the U.S. Marshals Service. Judge Gregory H. Woods did not rule on the merits of Pettigrew’s credit-reporting, debt-collection, or New York-law claims.