Carroll v. EQUIFAX INFORMATION SERVICES LLC

Background

Estelle Kevett Carroll brought this action without a lawyer. To proceed in the district court, she had to either pay $405 in filing and administrative fees or submit an application to proceed without prepaying those fees. Carroll submitted an application and supporting documents.

The court found that the application did not establish that Carroll was unable to pay. The opinion states that Carroll reported that she was not currently employed, had no income, money, or assets, and answered “0” to questions about how she paid her expenses and how many dependents she had. The court concluded that she had not fully answered the application or explained how she paid her living expenses.

Rulings and required next step

Carroll alternatively asked the court to recognize “an equivalent tender” using collateral pledged through a financial instrument. The court denied that motion. It ordered Carroll, within 30 days of the order, to either pay the $405 in fees or submit an amended application to proceed without prepaying fees. The amended application must use docket number 25-CV-4979 (LTS) and provide facts showing that she cannot pay. If the court grants the amended application, Carroll may proceed without prepaying the fees.

The court directed that no summons issue at this time. It stated that the case would be processed through the Clerk’s Office if Carroll complied, but that the action would be dismissed if she did not comply within the allowed time. The court also certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees.

Classification

This is a procedural order because it addresses filing fees and an application to proceed without prepayment, not the merits of Carroll’s claims against Equifax.