Darelus v. Aidvantage
- Vyskocil
- 1:25-cv-04264
- U.S. District Court · Southern District of New York
- 3
In Darelus v. Aidvantage, Judge Vyskocil ordered U.S. Marshals to serve Aidvantage after granting Catherine Darelus permission to proceed without fees.
Catherine Darelus, Aidvantage, the Clerk of Court, and the U.S. Marshals Service.
What happened
Darelus v. Aidvantage concerns Catherine Darelus’s lawsuit against her federal student-loan servicing company. She is representing herself, and the court had already allowed her to proceed without paying court fees upfront.
The court ordered the Clerk of Court to issue a summons, complete the required service form, and send the necessary papers to the U.S. Marshals Service so it can serve Aidvantage. The court said service must occur within 90 days after the summons is issued, unless Darelus asks for more time. She must also notify the court if her address changes.
Judge Mary Kay Vyskocil entered the order of service and directed the Clerk to mail Darelus an information package. The order addressed service of the lawsuit and did not decide the underlying claims.
The detailed version
- Darelus v. Aidvantage · No. 1:25-cv-04264
- Vyskocil
- June 30, 2025
Background
Catherine Darelus filed this action against Aidvantage – Federal Student Aid Loan Servicing. The opinion states that Darelus is appearing without a lawyer. In an earlier order dated May 22, 2025, the court granted her request to proceed in forma pauperis, meaning she could proceed without paying court fees in advance.
Order Regarding Service
Because Darelus was allowed to proceed without paying fees upfront, the court explained that she could rely on the court and the U.S. Marshals Service to serve the defendant. The court instructed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for Aidvantage, issue a summons, and provide the Marshals Service with the paperwork needed to serve the defendant.
The court extended the service deadline so that it would run for 90 days after the summons is issued. If the complaint is not served within that period, Darelus should request an extension of time. The court also stated that Darelus must notify it in writing if her address changes and that the action may be dismissed if she fails to do so. The opinion lists service addresses for Aidvantage in Portland, Oregon; Greenville, Texas; and Reston, Virginia.
Disposition
Judge Mary Kay Vyskocil ordered the Clerk of Court to issue the summons, complete the service form, and deliver the necessary documents to the U.S. Marshals Service. The Clerk was also directed to mail Darelus an information package. This order concerns the mechanics of serving the defendant; the opinion does not decide the merits of Darelus’s claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.