Consumer complaint received 2026-05-18 00:00:00
Product: Debt collection — I do not know
Issue: Attempts to collect debt not owed — Debt was already discharged in bankruptcy and is no longer owed
Company: Heavner, Beyers & Mihlar LLC
State: IL

Complaint narrative:
This is not a duplicate, after consulting with legal counsel we discovered numerous issues with the law firms cause of action, and we will be seeking sanctions in the federal district court as well as filing counterclaims against Plaintiffs and its counsel in the appropriate forum. The unlawful debt collection attempt will not be tolerated and any judgment or order is void and of no force and effect under 11 USC 524 ( a ), as a matter of law. Only VALID legally enforceable liens ride through discharges, XXXX v XXXX XXXXXXXX XXXX is distinct and inapplicable. Without consideration or value ever being provided, and without the statutorily mandatory XXXX ILCS XX/XX/year> EXPRESSED waiver. Plaintiffs have already set forth that XXXX is seized and owns together the freehold possessory marital estate. ( Whereby, XXXX XXXX XXXX has no application ) Also, since the Breideckers have spent the better part of three years studying and learning about the Conveyance Act, state and federal law, any attempt to portray the marital freehold, possessory, estate as a mere exemption under XXXX ILCS XXXX or XXXX will be futile, as it is well understood the difference between an exemption and a protected estate. XXXX ILCS XX/XX/year> renders the alleged lien legally ineffective ( as in XXXX v XXXX ) and just as in re XXXX, in re XXXX, in re XXXX, in re XXXX, without a judgment prepetition Plaintiffs counsel can not material misrepresent facts to the court and the public and not become liable for the substantial damages caused from their unlawful debt collection racket, abuse of process, and slander of title. The federal injunction is not forfeitable, neither can XXXX substantive protected property rights be procedurally waived or forfeited. We will be seeking damage for every day this willful and malicious federal contempt and illegal debt collection has been underway. The XXXX further dispute the propriety of the ( six ) repeated foreclosure publication notices. Each expressly state : NOTE : Pursuant to the Fair Debt Collection Practices Act, you are advised that XXXX attorney isdeemed to be a debt collector attempting to collect a debt and any information obtained will be used forthat purpose. Without a valid encumbrance on XXXX freehold possessory estate, raises substantial concerns under the statutory injunction. Especially in light of the fact they continue to receive monthly dunning letters for an non-accelerated sum. Additionally the filing the frivolous foreclosure action, the filing of lis pendens in the land records, alleged material misrepresentations concerning the enforceability of the alleged lien and the continued attempt to enforce disputed post-discharge obligations. Accordingly, the XXXX expressly reserve all rights and remedies available under state and federal law, including but not limited to claims or requests for relief relating to : -wrongful foreclosure, -violation of the discharge injunction, -slander of title, -abuse of process, -improper post-discharge collection activity, -and any other relief warranted by the facts and applicable law. Absent an express waiver satisfying XXXX ILCS XX/XX/year>, XXXX failed to establish an enforceable encumbrance against XXXX XXXX protected homestead/freehold estate XXXX Without a valid enforceable lien, Plaintiffs reliance upon post-discharge foreclosure remedies and related enforcement activity remains subject to substantial dispute under both Illinois law and 11 U.S.C. 524 ( a ). Nothing herein shall be construed as consent, waiver, ratification, or acknowledgment of the validity or enforceability of the alleged mortgage instrument against XXXX XXXX, or against XXXX XXXX protected homestead/freehold estate XXXX

Company response to consumer: Untimely response