Consumer complaint received 2025-08-09 00:00:00
Product: Debt collection — I do not know
Issue: Took or threatened to take negative or legal action — Collected or attempted to collect exempt funds
Company: Messerli & Kramer P.A.
State: NE

Complaint narrative:
XXXX Customer Reviews for public awareness. 
This business is not XXXX  accredited. 
Messerli and Kramer The Review :?? Consumer Alert : XXXX XXXX  Weaponizes Lawsuits through Messerli and Kramer & Credit Reporting Against Disabled Victims of Identity Theft??

Comment from the Business : Messerli & Kramer is a law firm that represents clients and pursues appropriate legal remedies. Messerlis client alleges that XXXX XXXX is its consumer who defaulted on her obligation to repay amounts she borrowed. When parties disagree about the facts in a lawsuit, the court resolves the dispute. Furthermore, the litigation process also gives the parties the opportunity to develop and discover the facts. Based upon the facts developed in XXXX XXXX case, notably her personal and financial hardship, the Plaintiff dismissed the case. XXXX XXXX allegation that XXXX XXXX  Weaponizes Lawsuits through Messerli and Kramer is nonsensical and unsupported by the facts. 

Consumer Response : Messerli & Kramers response is false, defamatory, and a continuation of their bad-faith conduct. I have never lived at the Georgia address tied to the fraudulent account, and their own court evidence confirmed this. My credit files have been locked, frozen, and fraud-alerted since XXXX. The fraudulent account was inserted in XXXX, and I immediately disputed it. Instead of validating the debt as required under the FDCPA, they sued almost immediately, violating both the FDCPA and FCRA by weaponizing false credit reporting against a XXXX identity theft victim. The case was dismissed only after I filed counterclaims and a motion for sanctions, proving they sought to avoid accountability for their misconduct. Their claim that I defaulted is false and directly contradicted by the record. This complaint exists because Messerli & Kramer engages in harassment, retaliation, and knowingly frivolous lawsuits, and their response only confirms their ongoing abuse.

Messerli & Kramers response is false, defamatory, and a continuation of their bad-faith conduct. I have never lived at the XXXX  address tied to the fraudulent account, and their own court evidence confirmed this. My credit files have been locked, frozen, and fraud-alerted since XXXX. The fraudulent account was inserted in XXXX, and I immediately disputed it. Instead of validating the debt as required under the FDCPA, they sued almost immediately, violating both the FDCPA and FCRA by weaponizing false credit reporting against a XXXX  identity theft victim. The case was dismissed only after I filed counterclaims and a motion for sanctions, proving they sought to avoid accountability for their misconduct. Their claim that I defaulted is false and directly contradicted by the record. This complaint exists because Messerli & Kramer engages in harassment, retaliation, and knowingly frivolous lawsuits, and their response only confirms their ongoing abuse. 

Comment from the Business : The previous response provided to XXXX XXXX concerns was not false, defamatory, or made in bad-faith. The Honorable Judge XXXX XXXX denied XXXX XXXX motion on XX/XX/XXXX, dismissing her requests for sanctions, injunctions, and other relief. Our client, the plaintiff in the action against XXXX XXXX, voluntarily dismissed the action against XXXX XXXX after the court had issued its order denying her motion. 

Consumer Response : XXXX XXXX, XXXX, Messerli & Kramer, P.A., XXXX XXXX XXXX XXXX XXXX XXXX XXXX and all affiliated, successor, or assignee entities. 

I, XXXX XXXX, a XXXX pro XXXX litigant, hereby issue this public and permanent cease-and-desist demand against XXXX XXXX, XXXX XXXX Messerli & Kramer, P.A. XXXX XXXX XXXX XXXX XXXX., XXXX XXXX XXXX, and all affiliated, successors, predecessors, or assignee entities, based on extensive violations of state, federal, constitutional, and civil rights laws, as well as the XXXX XXXX XXXX XXXX XXXX XXXX  ) and the Nebraska Consumer Protection Act .

Summary of Misconduct : 1. Filing and refiling multiple fraudulent lawsuits against me over an identity theft debt, in violation of the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692 et seq., and the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681 et seq.

2. Accessing my locked, frozen, and fraud-alerted credit reports multiple times without authorization, in violation of FCRA 604 ( a ).

3. Inserting fraudulent tradelines into my credit reports after lawsuits were dismissed, including in XX/XX/XXXX, constituting unauthorized dissemination of personal information and retaliation for disputes. 
4. Contaminating my credit files with fraudulent addresses, including a Georgia address I have never resided at, damaging my credit integrity and causing ongoing harm.

5. Commingling my personal information with unrelated accounts and disseminating it to third parties, including alleged original creditors, without my consent.

6. Retaliating against me immediately after I disputed fraudulent accounts, suing not once but twice in bad faith.

7. Engaging in conduct that constitutes Intentional Infliction of Emotional Distress ( IIED ), as recognized in XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX. XXXX XXXX ( XXXX XXXX. XXXX ), where harassment over invalid debt resulted in a {$500000.00} jury award. 

Legal Citations & Rights Invoked : - FDCPA, 15 U.S.C. 1692c, 1692d, 1692e, 1692f ( harassment, false representations, unfair practices ).

- FCRA, 15 U.S.C. 1681b, 1681n, 1681o, 1681s-2 ( unauthorized access, failure to ensure accuracy, improper reporting after dispute ).

- ADA, 42 U.S.C. 12203 ( retaliation against a disabled individual asserting their rights ).

- Nebraska Consumer Protection Act, Neb. Rev. Stat. 59-1601 to 59-1623 ( unfair and deceptive practices ).

- Nebraska Identity Theft Passport and Protection Laws, Neb. Rev. Stat. 28-638 to 28-640.

- Civil Rights Act, 42 U.S.C. 1983 ( deprivation of constitutional rights under color of law ).

- Due Process & Equal Protection Clauses of the 14th Amendment to the U.S. Constitution.

Permanent Cease-and-Desist Demand : Effective immediately, all above-named entities and their affiliates are hereby ordered to permanently cease and desist from : 1. Initiating or pursuing any litigation, arbitration, or collection activity against me on any alleged debt, whether valid, fabricated, assigned, purchased, or otherwise claimed.

2. Accessing, retaining, disseminating, or sharing any of my personal, financial, or commingled information.

3. Reporting or re-reporting any tradeline or account to any credit reporting agency.

Mandatory Data Deletion Demand : All above-named entities must : - Permanently delete all personal, financial, and commingled data relating to me from their systems.

- Instruct all third parties with whom such information has been shared to also permanently delete such data.

- Provide written certification of full deletion and third-party compliance within 30 days.

Willful Misconduct Damages Clause : Any violation of this public, permanent cease-and-desist and data deletion order shall constitute willful misconduct. For each and every occurrence, the violating party shall be liable for statutory, compensatory, and punitive damages in an amount no less than {$50000.00} per incident, plus attorneys fees, costs, and any other relief available under applicable law. This applies to all prohibited conduct defined herein, including contact, data retention, dissemination, credit reporting, and litigation activity.

Enforcement : Violation of this notice will result in additional immediate filings with the Consumer Financial Protection Bureau, Federal Trade Commission, Nebraska Attorney Generals Consumer Protection Division, and the U.S. Department of Justice Civil Rights Division, along with applicable state bar disciplinary boards. 

Supplement XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  : The conduct of XXXX XXXX XXXX XXXX XXXX, acting on behalf of XXXX XXXX, XXXX, constitutes extreme and outrageous behavior that no reasonable person should be expected to endure. Despite full knowledge that I am a XXXX, pro XXXX litigant and the victim of documented identity theft, they initiated and refiled multiple frivolous lawsuits over a fraudulent debt, accessed my locked, frozen, and fraud-alerted credit reports without authorization, disseminated my personal information to third parties, and engaged in retaliatory credit reporting immediately following my disputes. This pattern of conduct, undertaken with reckless disregard and in bad faith, has caused me severe emotional distress, anxiety, physical health flare-ups, and loss of trust in the integrity of my personal and financial records. Such acts meet the legal standard for IIED under Nebraska law and the Restatement ( Second ) of Torts 46, and are actionable in conjunction with violations of the Fair Debt Collection Practices Act ( 15 U.S.C. 1692 et seq. ), Fair Credit Reporting Act ( 15 U.S.C. 1681 et seq. ), XXXX  with XXXX XXXX ( XXXX XXXX. XXXX et seq. ), Nebraska Consumer Protection Act ( Neb. Rev. Stat. 59-1601 et seq. ), and constitutional protections under the Due Process and Equal Protection Clauses.

This statement serves as a permanent, public record of my legal position, applicable to all past, present, and future cases or claims. 

Signed, XXXX XXXX

Company response to consumer: Closed with explanation