JAMES FOSTER
v.
AMERICAN EXPRESS COMPANY
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The court denied the plaintiff's motion for clerk's default because the plaintiff failed to demonstrate that the defendant was properly served.
[1] A motion for clerk's default requires a demonstration, with citation to legal authority, that the defendant was properly served.
[2] Service on an unidentified representative of an unidentified entity is insufficient to establish proper service.
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Join FLexlaw to unlock all legal intelligence“before a Clerk's default can be entered against a defendant, the Court must determine that the defendant was properly served”
Establishes the legal prerequisite that proper service must be demonstrated before a default judgment can be entered against a defendant.
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Join FLexlaw to unlock all legal intelligencePlaintiff, proceeding as a pauper, sought a clerk's default against the defendant. Service was purportedly made by the U.S. Marshal on a "Representati…
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Before the Court is a Motion for Clerk to Enter Default, filed by Plaintiff, who appears pro se. Doc. No. 11. Upon review, the motion will be DENIED without prejudice, as the motion fails to adequately address, with citation to legal authority, that Defendant was properly served. See generally United States v. Donald, No. 3:09cv-147-J-32HTS, 2009 WL 1810357, at *1 (M.D. Fla. June 24, 2009) (before a Clerk's default can be entered against a defendant, the Court must determine that the defendant was properly served).
Specifically, Plaintiff was granted leave to proceed as a pauper in this case, and thus service was conducted by the United States Marshal. See Doc. No. 4. The return of service by the United States Marshal, however, states only that Defendant was served by service on “Representative of CSC,” with “legal evidence of service." Doc. No. 10. Plaintiff does not demonstrate by evidence or any legal authority that such service on an unidentified representative for an equally unidentified "CSC” would constitute proper service, particularly where it is not even clear where service occurred. Doc. No. 11. [fn 1]
It is ORDERED that within twenty-one (21) days of this Order, Plaintiff shall file a renewed motion for Clerk's default demonstrating, by citation to evidence and legal authority, that Defendant was properly served. See Local Rule 3.01(b).
DONE and ORDERED in Orlando, Florida on January 5, 2026.
LESLIE HOFFMAN PRICE UNITED STATES MAGISTRATE JUDGE
Copies furnished to: Counsel of Record Unrepresented Parties
[fn 1]: Records available from the Florida Department of State, Division of Corporations, for the only active “American Express Company,” state that its registered agent is C T Corporation System.
Available at https://search.sunbiz.org/Inquiry/CorporationSearch/ByName, by entering “American Express Company” into the “entity name” field.