Perrong v. Brief Call Inc.

Background

Andrew R. Perrong brought the action without a lawyer. To proceed with a civil case in the Southern District of New York, a plaintiff must either pay $402 in filing and administrative fees or submit a signed application to proceed without paying fees in advance. Perrong submitted a personal check for $402 with his complaint.

Court’s action

The court held that a personal check was not an acceptable form of payment and directed the Clerk of Court to return it to Perrong. The court directed Perrong to submit the $402 using an acceptable payment method within 30 days of the order’s date. The order identified certified bank check or money order, cash, or credit card as possible payment methods, subject to the Clerk’s Office procedures. Perrong could alternatively submit an application to proceed without prepaying the fees.

Disposition

Judge Paul G. Gardephe ordered the return of the personal check and required Perrong to provide acceptable payment or submit the fee-waiver application within 30 days. If Perrong fails to do either, the action will be dismissed without prejudice to refiling. The court also certified that an appeal would not be taken in good faith and denied permission to appeal without paying the appellate fees.