Carter v. Regent, 4:21-cv-00704

Pro se plaintiff Robert E. Carter sued Law Offices of Regent & Associates, Anh Regent, Kelly Albert, and Lyndee Le under the FDCPA and Texas Debt Collection Act.
Plaintiff filed unexecuted Requests to Waive Service and later submitted evidence he mailed summons/complaint by certified mail with return receipts.
The Clerk notified plaintiff that no summons had been issued and that the waiver requests were defective (not individualized).
Defendants did not answer; plaintiff moved for default judgment seeking $98,286.
The magistrate judge concluded plaintiff neither obtained executed waivers nor properly served defendants (plaintiff himself mailed documents), so personal jurisdiction and default were improper.
Recommendation: deny the default-judgment motion without prejudice and give plaintiff 30 days to properly serve defendants or file executed waivers under Rule 4(m).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether default judgment is proper given defendants' failure to answer	Carter argues defendants were served (certified mail) or waived service, so default is appropriate	Defendants did not respond; no executed waivers or proper service on record	Default judgment improper; plaintiff failed to effectuate service or obtain executed waivers, so denial recommended
Whether certified mail by the plaintiff satisfies Rule 4 / Texas service rules	Carter contends certified mail and return receipts show service	No substantive defense filed; however, rules prohibit parties from serving process	Not proper: party service by certified mail is insufficient under Fed. R. Civ. P. 4 and Texas law requires non-party/authorized server or court order
Whether the court should extend Rule 4(m) service deadline	Carter seeks relief based on prompt attempts to effect service	No opposition; defendants silent	Court recommends granting 30-day extension to serve or obtain waivers (per discretion under Rule 4(m))

Rogers v. Hartford Life & Acc. Ins. Co., 167 F.3d 933 (5th Cir.) (a waiver of service marks the point after which defendant must answer or risk default)
Avdeef v. Royal Bank of Scotland, P.L.C., [citation="616 F. App'x 665"] (5th Cir.) (proper service or waiver is a jurisdictional prerequisite to entry of default judgment)