Payton v. Wells Fargo Bank
- Laura Swain
- 1:25-cv-06019
- U.S. District Court · Southern District of New York
- 2
In Payton v. Wells Fargo Bank, Chief Judge Swain ordered payment of fees or an amended fee-waiver application within 30 days.
Jonathan Payton must either pay $405 in fees or submit a complete amended application within 30 days. Wells Fargo Bank is affected because no summons issues at this time, and the action may be dismissed if Payton does not comply.
What happened
In Payton v. Wells Fargo Bank, Jonathan Payton filed the action without a lawyer and asked to proceed without paying filing fees upfront. He submitted an application, but did not provide his gross monthly employment income or the amount he receives from sales through his company website.
The court said these answers did not show that Payton was unable to pay the required $405 in filing and administrative fees. The order requires him, within 30 days, either to pay the fees or submit an amended application with facts supporting his inability to pay.
Chief Judge Laura Taylor Swain directed that no summons issue yet. The case will be processed if Payton complies, but will be dismissed if he does not comply within the allowed time. The court also denied fee-waiver status for any appeal from this order.
The detailed version
- Payton v. Wells Fargo Bank · No. 1:25-cv-06019
- Laura Swain
- Aug. 4, 2025
Background
Jonathan Payton brought this action against Wells Fargo Bank without a lawyer. To begin a civil action in the court, a plaintiff must either pay $405 in fees—a $350 filing fee and a $55 administrative fee—or request permission to proceed without paying the fees upfront by submitting a signed application.
Payton submitted an application to proceed without prepaying fees. He stated that he was employed but did not provide his gross monthly income, instead writing that his salary “varies.” He also reported income from “[s]ales from company website” without stating the amount.
Court’s Analysis
The court concluded that the information provided did not establish that Payton was unable to pay the filing fees. The order therefore gives him an opportunity to correct the application rather than deciding the underlying claims against Wells Fargo Bank.
Order
Within 30 days of the order, Payton must 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-6019 (LTS) and provide facts addressing the missing income information. If the court grants the amended application, Payton may proceed without prepaying the fees.
No summons will issue at this time. If Payton complies, the case will be processed under the Clerk’s Office procedures. If he does not comply within the permitted time, the action will be dismissed. The court also certified that an appeal from this order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal.
Judge Laura Taylor Swain issued the order as Chief United States District Judge.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.