Warren v. ARS Account Resolution
- Vyskocil
- 1:22-cv-02963
- U.S. District Court · Southern District of New York
- 4
In Warren v. ARS Account Resolution, Judge Vyskocil ordered service by Marshals and granted Warren permission to file electronically.
Gregory Warren and ARS Account Resolution; the order primarily addresses Warren’s service obligations and electronic filing, and directs the U.S. Marshals Service to serve ARS.
What happened
In Warren v. ARS Account Resolution, Gregory Warren brings a Fair Debt Collection Practices Act lawsuit against ARS Account Resolution and is proceeding without a lawyer or paying filing fees upfront.
The court directed the Clerk to issue a summons and send the necessary papers to the U.S. Marshals Service, which will serve ARS. It extended the service deadline to 90 days after the summons is issued and granted Warren permission to file documents electronically.
Judge Vyskocil’s order addressed service and filing procedures; it did not decide the underlying debt-collection claims.
The detailed version
- Warren v. ARS Account Resolution · No. 1:22-cv-02963
- Vyskocil
- May 16, 2022
Background
Gregory Warren, who appears without a lawyer, sued ARS Account Resolution under the Fair Debt Collection Practices Act. The opinion identifies Warren as being of the Bronx, New York, and identifies ARS’s service address in Sunrise, Florida. Warren had previously been permitted to proceed without paying court fees upfront. He also moved for permission to file electronically.
Court’s Analysis
Because Warren was permitted to proceed without paying fees upfront, the court explained that he could rely on the court and the U.S. Marshals Service to serve ARS. The court extended the time for service to 90 days after the summons for ARS is issued. It stated that Warren could request more time if service was not completed within that period.
Ruling
The court directed the Clerk of Court to issue a summons for ARS, complete a U.S. Marshals Service Process Receipt and Return form with ARS’s service address, and provide the Marshals Service with the documents needed to serve the summons and complaint. The court also granted Warren’s motion for permission for electronic case filing. The order did not decide the merits of Warren’s Fair Debt Collection Practices Act claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.