Kevett Carroll v. TransUnion Consumer Solutions

Background

Estelle Kevett Carroll brought the action without a lawyer. The court explained that starting a civil action requires either payment of $405 in fees— a $350 filing fee and a $55 administrative fee—or a signed application to proceed without paying fees. This type of application is commonly called an application to proceed without prepayment of fees, or an IFP application.

Carroll submitted a self-created IFP application and a supporting affidavit. The court found that they contained little information and did not establish that she was unable to pay the filing fees. Carroll also requested recognition of “an equivalent tender in the form of collateral pledged via a CUSIP-linked financial instrument, under equitable and commercial principles,” instead of paying the fees.

Ruling

The court denied Carroll’s request to use the proposed alternative tender. It directed her, within 30 days of the order, to do one of two things: pay the $405 in fees or submit an amended IFP application using the court’s form and addressing the deficiencies identified in the order. If the court grants the amended application, Carroll may proceed without paying the fees in advance.

No summons will issue at this time. If Carroll complies, the Clerk’s Office will process the case under its procedures. If she does not comply within the allowed time, the action will be dismissed without prejudice. The court also certified that any appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal.

Effect of the Order

This order addresses filing-fee requirements and does not decide the underlying dispute between Carroll and TransUnion Consumer Solutions. The court has not yet directed issuance of a summons or allowed the case to proceed without payment of the fees.