Rosario v. Santander Consumer USA
- Paul Gardephe
- 1:22-cv-10565
- U.S. District Court · Southern District of New York
- 3
In Rosario v. Santander Consumer USA, Judge Gardephe ordered service through the Marshals after Rosario was allowed to proceed without paying fees.
Carlos Rosario, Jr. and Santander Consumer USA are affected. The Clerk of Court and U.S. Marshals Service are directed to take steps to serve Santander, and Rosario must monitor the service deadline and report any address change.
What happened
Rosario v. Santander Consumer USA concerns Carlos Rosario, Jr.’s claims under federal laws governing consumer loans, credit reports, and debt collection. He alleges that Santander Consumer USA violated his rights in connection with a vehicle loan.
The court had allowed Rosario to proceed without prepaying court fees. It therefore directed the Clerk of Court to issue a summons and provide the U.S. Marshals Service with the documents needed to serve Santander. Service must occur within 90 days after the summons is issued, unless Rosario requests more time.
Judge Paul G. Gardephe also directed Rosario to notify the court of any address change and denied permission to appeal without prepaying fees. This order addresses service and appeal-fee status; it does not decide the merits of Rosario’s claims.
The detailed version
- Rosario v. Santander Consumer USA · No. 1:22-cv-10565
- Paul Gardephe
- Jan. 26, 2023
Background
Carlos Rosario, Jr., appearing without a lawyer, brought claims under the Truth in Lending Act, the Fair Credit Reporting Act, and the Fair Debt Collection Practices Act. He alleges that Santander Consumer USA violated his rights in connection with a consumer loan for a vehicle.
In an order dated December 15, 2022, the court granted Rosario permission to proceed without prepaying court fees. Because he was proceeding under that permission, the court explained that he could rely on the court and the U.S. Marshals Service to serve the defendant.
Service Instructions
The court directed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for Santander Consumer USA, issue a summons, and deliver the necessary documents to the Marshals Service so it could serve Santander. The court extended the service period to 90 days after the summons is issued because Rosario could not have served the summons and complaint before the court reviewed the complaint and ordered that a summons issue.
If the complaint is not served within that 90-day period, Rosario should request an extension of time. The court also stated that Rosario must notify it in writing if his address changes and that the action may be dismissed if he fails to do so.
Disposition
The Clerk of Court was directed to complete the service form, deliver the service documents to the Marshals Service, and mail Rosario a copy of the order and an information package. The court certified that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The order does not rule on whether Rosario’s Truth in Lending Act, Fair Credit Reporting Act, or Fair Debt Collection Practices Act claims have merit.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.