Ngambo v. Bank of America
- Nelson Roman
- 7:20-cv-02221
- U.S. District Court · Southern District of New York
- 3
In Ngambo v. Bank of America, Judge Roman ordered Marshals to serve the Fair Credit Reporting Act complaint and extended the service deadline.
Jules Ngambo, Bank of America, the Clerk of Court, and the U.S. Marshals Service.
What happened
In Ngambo v. Bank of America, Jules Ngambo, who was proceeding without a lawyer, sued Bank of America under the Fair Credit Reporting Act. The court had allowed Ngambo to proceed without paying filing fees.
The court ordered the Clerk of Court to issue a summons, prepare the required service forms, and give the documents to the U.S. Marshals Service so it could serve Bank of America. Because Ngambo was proceeding without paying fees, the court extended the service deadline to 90 days after the summons is issued.
Judge Nelson S. Roman also warned Ngambo to notify the court of any address change and directed the Clerk to mail Ngambo a copy of the order and an information package. The order did not decide whether Ngambo’s Fair Credit Reporting Act claims were valid.
The detailed version
- Ngambo v. Bank of America · No. 7:20-cv-02221
- Nelson Roman
- Mar. 17, 2020
Background
Jules Ngambo brought claims against Bank of America under the Fair Credit Reporting Act, a federal law governing credit reporting. Ngambo was proceeding without a lawyer. The court had previously granted permission to proceed without paying filing fees.
Service of the lawsuit
Because Ngambo was allowed to proceed without paying fees, the court explained that Ngambo could rely on the court and the U.S. Marshals Service to serve the defendant. Service is the formal delivery of the summons and complaint to a defendant.
The court stated that the usual rule generally requires service within 90 days after the complaint is filed. But Ngambo could not serve the documents before the court reviewed the complaint and ordered that a summons be issued. The court therefore extended the service period to 90 days after the summons is issued. If service is not completed within that period, the opinion states that Ngambo should ask for more time.
Order
The court directed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for Bank of America, issue a summons, and deliver the necessary paperwork to the Marshals Service. The order identifies Bank of America’s service address as Bank of America Corporate Center, 100 North Tryon Street, Charlotte, North Carolina 28255.
The court also directed the Clerk to mail Ngambo a copy of the order and an information package. Ngambo was required to notify the court in writing of any address change, and the court stated that it might dismiss the action if Ngambo failed to do so.
Disposition
Judge Nelson S. Roman entered an order directing service of the complaint and extending the time for service. The order did not resolve the merits of Ngambo’s Fair Credit Reporting Act claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.