Manzano v. Credit Corp Solutions Inc.

Background

Donald Manzano, who was representing himself, brought an action against Credit Corp Solutions Inc. under the Fair Credit Reporting Act. Chief Judge Laura Taylor Swain had granted Manzano permission to proceed without paying filing fees. In such cases, federal law permits the plaintiff to rely on the court and the U.S. Marshals Service to serve the defendant with the summons and complaint.

Service Instructions

The court directed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for Credit Corp Solutions Inc., issue a summons, and deliver the paperwork needed for service to the Marshals Service. The order identifies the defendant’s service address as 121 West Election Rd., Suite 200, Draper, Utah 84020.

The court explained that the usual rule requires service within 90 days after filing the complaint. Because Manzano could not serve the summons and complaint before the court reviewed the complaint and ordered a summons issued, the court extended the service period to 90 days after the summons is issued. If service is not completed within that period, Manzano should ask for an extension. The order also requires him to notify the court in writing if his address changes and states that the action may be dismissed if he fails to do so.

Disposition

Judge Gregory H. Woods instructed the Clerk of Court to issue the summons, complete the service form, provide the documents to the Marshals Service, and mail Manzano an information package. The order also provided information about a private legal clinic for people representing themselves; it did not state that the clinic was part of the court or authorize the clinic to file documents for Manzano.