Manzano v. Credit Control, LLC
- Andrew Carter
- 1:23-cv-06013
- U.S. District Court · Southern District of New York
- 3
In Manzano v. Credit Control, LLC, Judge Carter ordered government-assisted service after allowing Donald Addison Manzano to proceed without prepaying fees.
Donald Addison Manzano, Credit Control, LLC, the Clerk of Court, and the U.S. Marshals Service.
What happened
Donald Addison Manzano, representing himself, brought a Fair Credit Reporting Act case against Credit Control, LLC. The court had granted his request to proceed without prepaying fees, so the court and U.S. Marshals Service would handle service.
The court directed the Clerk of Court to issue a summons, complete the required service form, and send the necessary papers to the Marshals Service. It extended the service deadline to 90 days after the summons is issued.
Judge Andrew L. Carter, Jr. also directed the Clerk to mail Manzano an information package. The order says Manzano should request more time if service is not completed within 90 days and must notify the court of any address change.
The detailed version
- Manzano v. Credit Control, LLC · No. 1:23-cv-06013
- Andrew Carter
- Aug. 15, 2023
Background
Donald Addison Manzano brought an action against Credit Control, LLC under the Fair Credit Reporting Act. The opinion states that Manzano was representing himself. On August 1, 2023, Chief Judge Laura Taylor Swain granted Manzano permission to proceed without prepaying court fees.
Service of the lawsuit
Because Manzano was proceeding without prepaying fees, the court explained that he could rely on the court and the U.S. Marshals Service to serve Credit Control, LLC. The court directed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form, issue a summons, and provide the Marshals Service with the documents needed to serve the defendant.
The court extended the service deadline to 90 days after the summons is issued. It stated that if the complaint is not served within that period, Manzano should request an extension of time. The order also requires him to notify the court in writing if his address changes and states that the court may dismiss the action if he fails to do so.
Ruling
Judge Andrew L. Carter, Jr. ordered the Clerk of Court to issue the summons, complete the service form with Credit Control, LLC’s address, deliver the necessary documents to the Marshals Service, and mail Manzano an information package. The order concerns service and related case administration; it does not decide the merits of Manzano’s Fair Credit Reporting Act claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.