Consumer complaint received 2025-04-14 00:00:00
Product: Debt collection — I do not know
Issue: False statements or representation — Impersonated attorney, law enforcement, or government official
Company: Kovitz Shifrin Nesbit, A Professional Corporation
State: IL

Complaint narrative:
CFPB COMPLAINT Complainant : XXXX XXXX Date : XX/XX/XXXX Product/Issue : Debt Collection False legal claim ; misuse of personal data Company : XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX 
Representative Law Firm : Kovitz Shifrin & Nesbit Summary of Complaint : I am submitting this formal complaint against XXXX XXXX XXXX XXXX XXXX XXXX, a XXXX property management firm operating in Illinois, and its legal representatives Kovitz Shifrin & Nesbit , a law firm acting in the capacity of debt collectors.

The entities listed above have : Initiated a debt collection lawsuit under a fictitious name that does not match any entity with whom I have a lease or contractual relationship ; Filed a fraudulent action in court using a non-commercial instrument that was not intended or structured as a debt obligation ; Misused and potentially sold or transferred my personal financial information without consent or permissible purpose under the Fair Credit Reporting Act ( FCRA ) ; Violated multiple provisions of the Fair Debt Collection Practices Act ( FDCPA ) ; Caused severe emotional distress, reputational harm, and physical injury resulting from law enforcement actions triggered by their court filing. 


Details of the Incident : On or about XX/XX/XXXX, Kovitz Shifrin & Nesbit, acting as counsel for XXXX XXXX XXXX XXXX as Agent for Owner XXXX XXXX, filed an eviction and debt collection lawsuit against me in the XXXX XXXX XXXX XXXX XXXX, Illinois. The problem is : The party named as Plaintiff in the court filing is not a registered legal entity in the State of Illinois or Michigan.

The lease attached to the complaint was between myself and XXXX XXXX XXXX XXXX XXXX XXXX, a completely separate corporate entity. 


By initiating court action under a fictitious name, they misrepresented the creditor and manufactured a cause of action without legal standing or proper notice. 

Furthermore, the lease was never structured or signed as a commercial promissory instrument. There was no loan, no retail credit account, and no negotiable debt instrument signed. Therefore, this action falls outside of typical collection procedures and represents a fraudulent use of the civil court system for unjust enrichment. 
Despite these issues, the case proceeded in court and was scheduled for a prove-up hearing on XX/XX/XXXX. At a previous court appearance on XX/XX/XXXX, I was : Falsely arrested after asking the presiding judge to clarify jurisdictional authority since the case had already been removed to federal court under 28 U.S.C. 1443.

Physically assaulted and injured by court officers while being detained.

Denied access to proper legal redress, which has caused both emotional and physical damage.

Violations Alleged : 1. Violation of FDCPA ( 15 U.S.C. 1692 et seq. ) 1692e ( 2 ) ( A ) : False representation of the character, amount, or legal status of any debt.

1692e ( 10 ) : Use of false representations or deceptive means to collect or attempt to collect any debt.

1692f : Use of unfair or unconscionable means to collect a debt.

2. Violation of FCRA ( 15 U.S.C. 1681b ) My personally identifiable information ( PII ), including financial and lease data, was used and/or transmitted to a third-party law firm for debt collection purposes without my consent, without a court judgment, and without a permissible reporting purpose.

3. Violation of FTC Act ( 15 U.S.C. 45 ) Misrepresentation of business identity by using a fictitious name.

Engaging in unfair or deceptive acts or practices affecting commerce.

Impact on Me : The actions taken by XXXX XXXX XXXX XXXX XXXX XXXX and its attorneys have resulted in : Mental and emotional distress due to repeated threats of unlawful eviction. 


False arrest and public humiliation during a court hearing. 


XXXX injury caused during physical restraint by court security following the instigation of the lawsuit. 


Loss of work hours and interruption to my business operations. 


Financial damage due to time spent filing motions, removing the case to federal court, and responding to fraudulent actions. 


Ongoing reputational harm in the community and in court records. 


Relief Requested : I request that the Consumer Financial Protection Bureau : XXXX XXXX XXXX XXXX XXXX XXXX XXXX and Kovitz Shifrin & Nesbit for repeated use of unlawful collection tactics, misrepresentation of legal status, and abuse of personal data.

Enforce compliance with the Fair Debt Collection Practices Act and Fair Credit Reporting Act.

Issue penalties or fines as appropriate for fraudulent misrepresentation and abuse of civil process. 


Order the removal of all court records or data referring to XXXX XXXX XXXX XXXX as Agent for Owner XXXX XXXX as an alleged creditor. 


Provide guidance or referral for civil rights or federal civil court enforcement, should additional private litigation be required. 


Status of Litigation : The state case was removed to federal court but is currently being challenged in the appellate courts. 


A counterclaim in the amount of {$10.00} XXXX has been filed in the original state case for damages resulting from the unlawful court action. 


A petition for leave to appeal has been filed with the Illinois Supreme Court. 


Documents Available Upon Request : A copy of the court complaint filed under the false name ; My counterclaim and affidavit of damages ; Certified letters and written objections to jurisdiction ; Medical records showing injury following court-ordered arrest ; Lease contract with the actual corporate entity ; FOIA requests and corporate name verification proving the fictitious nature of the filed party. 


Declaration : I declare under penalty of perjury that the facts stated in this complaint are true and correct to the best of my knowledge. I submit this complaint in good faith and respectfully request that the CFPB investigate and hold the listed parties accountable for their deceptive, harmful, and unlawful actions

Company response to consumer: Untimely response