Manzano v. Portfolio Recovery Associates, LLC

Background

Donald Addison Manzano brought this action without a lawyer and asked to proceed without paying the court’s filing fees. The court explained that a civil action requires either payment of $405—consisting of a $350 filing fee and a $55 administrative fee—or a completed and signed application to proceed without prepayment of fees.

Manzano’s application stated that he was employed and earned $4,000 per month, but it did not identify his employer’s name or address. It also did not fully answer questions about other income exceeding $200 received during the previous 12 months. He reported having only $100 in cash or a bank account and no other assets. He listed monthly expenses of $900 for rent, $100 for cable television, $600 for his sister’s car insurance, $700 for gas, $100 for a cellular telephone, and $150 for electricity. He reported no dependents, debts, or other financial obligations.

Court’s Analysis

Based on the reported income and listed expenses, the court calculated that Manzano appeared to have approximately $1,450 remaining each month. The court said it was unclear whether he could pay the fees because he had not fully answered questions about his employer, other income, and unspecified expenses, debts, or financial obligations that might substantially reduce that amount. The court also noted that Manzano said he lived in an apartment in Manhattan but did not clarify whether “gas” meant vehicle fuel or fuel for home heating or cooking; he stated that he did not own a vehicle or other specified assets.

The court explained that it must dismiss an action if an applicant’s statement of poverty is untrue, but that dismissal is not required for minor good-faith inaccuracies. The order did not find that Manzano’s statement was untrue or that he acted in bad faith. Instead, it directed him to provide additional information.

Order and Effect

Within 30 days of the order, Manzano must either pay the $405 in fees or fully complete, sign, and submit the attached amended application to proceed without prepayment of fees. The amended application must address the identified deficiencies and include facts showing that he cannot pay the fees. If the court grants the amended application, he may proceed without paying the fees in advance.

No summons would issue at that time. If Manzano complied, the action would be processed under the Clerk’s Office’s procedures. If he failed to comply within the allowed time, the court would dismiss the action. The court also certified that any appeal from the order would not be taken in good faith and denied fee-waiver status for purposes of such an appeal. This order addressed filing-fee status and did not decide the underlying claims.