Neal v. Capital One Auto Finance

Background

Patrice Neal, who was representing herself, began the matter by filing a motion for a preliminary injunction. She asked the court to restrain Capital One Auto Finance from repossessing her 2017 Lexus FX 350 F Sport, demanding or collecting payments, or making adverse credit reports about the account while the case was pending. The order states that she did not submit a complaint, pay the fees required to begin a civil action, or submit an application to proceed without prepaying those fees.

Required filings and fees

The court explained that Federal Rule of Civil Procedure 3 requires a civil action to be commenced by filing a complaint. It directed Neal to submit a signed complaint within 30 days, containing a short and plain statement of the claims that would notify Capital One of the basis for the action. The court also directed her, within 30 days, either to pay $405 in filing and administrative fees or to submit a signed application to proceed without prepaying fees. The court stated that, if it grants that application, Neal may proceed without prepayment of the fees.

Preliminary-injunction motion

A preliminary injunction is an order issued before final judgment that temporarily requires or prohibits conduct. The court stated that Neal needed to show likely irreparable harm and either a likelihood of success on the merits or sufficiently serious legal questions combined with a balance of hardships strongly favoring her. The court found that her submission did not provide enough information to make that showing. Neal stated that she was likely to prevail because Capital One allegedly breached a binding arbitration agreement by refusing to pay required fees, which allegedly caused the American Arbitration Association to close the arbitration case on August 19, 2025, under Rule R-10(b). The court found that this conclusory statement did not establish a likelihood of success or sufficiently serious questions. It also stated that, without a complaint describing Capital One’s alleged conduct and the facts supporting her claims, it could not assume that Capital One was liable. The court noted that Neal’s supplement did not provide sufficient information either.

Disposition

The court denied Neal’s request for a preliminary injunction, without prejudice to renewal at a later date. It directed Neal to submit a complaint complying with Rules 3 and 8(a), and to pay the required fees or submit an application to proceed without prepayment. The Clerk was directed to terminate the motion. The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. Chief United States District Judge Laura Taylor Swain signed the order.