Consumer complaint received 2025-07-21 00:00:00
Product: Debt collection — I do not know
Issue: Took or threatened to take negative or legal action — Sued you without properly notifying you of lawsuit
Company: Gurstel Law Firm, P.C.
State: NE

Complaint narrative:
Formal Complaint Attorney Misconduct and Consumer Rights Violations To : Nebraska Counsel for Discipline, Nebraska XXXX XXXX XXXX, Nebraska Attorney General XXXX XXXX XXXX, Consumer Financial Protection Bureau ( CFPB ), XXXX, Federal Trade Commission ( FTC ), as well as the Minnesota XXXX XXXX XXXX XXXX XXXX ( OLPR ), Minnesota Attorney XXXX XXXX XXXX XXXX XXXX, and Minnesota Department XXXX XXXX I. Summary and Jurisdiction This complaint details a pattern of unethical conduct, procedural violations, and unlawful consumer abuse most recently by multiple attorneys not limited to XXXX XXXX, XXXX XXXX, and XXXX XXXX of XXXX XXXX Firm as well as a prior law firm with multiple attorneys from XXXX and XXXX across XXXX cases. All operating out of both Minnesota and Nebraska representing XXXX XXXX XXXX Services. The misconduct spans multiple areas : legal ethics, XXXX discrimination, FDCPA and FCRA violations, and judicial abuse. Therefore, this complaint is submitted to multiple appropriate bodies for investigation and immediate action. 
XXXX. Parties Involved - XXXX XXXX Initiating attorney for the duplicate case refiled, XXXX XXXX XXXX - XXXX XXXX Filed improper XX/XX/XXXX blanket denial and retaliatory XX/XX/XXXX motion to amend responses nearly XXXX days after the fact on a voluntary dismissal with prejudice. 
- XXXX XXXX Appeared XX/XX/XXXX, in place of XXXX XXXX, who failed to appear, declared himself as the Lead Attorney and sole counsel from the firm going forward, allowed XXXX unauthorized filings in violation of cease and desist that he acknowledged was in place and on record. 
XXXX. Chronology and Procedural Misconduct XX/XX/XXXX : XXXX XXXX Firm refiles CI XXXX XXXX XXXX under XXXX XXXX XXXX XXXX via XXXX XXXX, despite improper standing and no tradeline in the locked, frozen, and fraud alerted credit files despite unauthorized access. 
XX/XX/XXXX : Defendant files counterclaims, XXXX violations, renewed motions, retaliation notices, disciplinary requests. 
XX/XX/XXXX : XXXX XXXX knowingly files an improper general denial, violating XXXX. XXXX XXXX XXXX and XXXX. 
XX/XX/XXXX : Case dismissed with prejudice. No compliance at all throughout for what they initiated for the second time. No motions by XXXX ruled on still preserved and pending. 
XX/XX/XXXX : Court hearing XXXX confirms on record he is the lead attorney and is the sole counsel going forward. He threatened the defendant on record to cease the pursuit of counterclaims or they will refile the case yet again. XXXX continuance granted for stipulation on my pending motions and counterclaims. No stipulation or settlement was attempted by the Plaintiff or counsel in violation of the XXXX continuance request causing unnecessary delay and continuing harm. 
XX/XX/XXXX : nearly XXXX days after the hearing giving them additional time to respond. Defendant files motion for the hearing to rule on pending motions per the XXXX 's order. It also outlined ongoing misconduct and continued violations. 
XX/XX/XXXX : XXXX files retaliatory amendment motion without service. Court grants on a Friday. Defendant was never provided the motion nor had the opportunity to object to the obvious retaliatory act prior to it being ordered. 
XX/XX/XXXX : Defendant files Motion to Strike citing systemic XXXX, due process, and ethics violations. 
IV. Legal and Ethical Violations Committed XXXX but not limited to : XXXX. XXXX XXXX XXXX Lack of candor toward the tribunal XXXX Unfairness toward opposing party XXXX / XXXX Lack of competence and diligence XXXX General misconduct Title XXXX of the XXXX ( XXXX XXXX. XXXX ) Denial of access to justice due to XXXX XXXX C.F.R. XXXX Discriminatory court access XXXX XXXX. XXXX, XXXX Harassment and failure to validate debt ( FDCPA ) XXXX XXXX. XXXX ( b ) Failure to investigate disputed debts ( FCRA ) XXXX. XXXX XXXX XXXX XXXX claims and contentions ( XXXX 's blanket XXXX ) XXXX. XXXX XXXX XXXX Impartiality and decorum of the tribunal ( XXXX 's complicity XXXX XXXX. XXXX XXXX XXXX Respect for rights of third persons ( XXXX retaliation ) XXXX XXXX. XXXX Violation of civil rights under XXXX of law ( systemic XXXX process denial ) Bivens v. XXXX Unknown Named Agents, XXXX XXXX XXXX XXXX XXXX ) Right to constitutional remedies when federal actors are complicit XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ) Due process rights for pro se litigants must be respected XXXX XXXX. XXXX Prohibits discrimination in public services ( Title XXXX XXXX ) XXXX U.S.C. XXXX Section XXXX XXXX XXXX, applies to federally funded programs including courts XXXX XXXX. XXXX Obligation to ensure effective communication with XXXX individuals The following Nebraska Rules of Professional Conduct have also been violated by Attorneys XXXX and XXXX and should serve as procedural grounds for formal discipline : Rule XXXX ( Competence ) Rule XXXX ( Meritorious Claims and Contentions ) Rule XXXX ( Candor to the Tribunal ) Rule XXXX ( Respect for Rights of Third Persons ) Rule XXXX ( Misconduct ) The following Minnesota Rules of Professional Conduct ( MRPC ) violations XXXX also include but are not limited to : Rule XXXX ( c ) - Disobeying a court order Rule XXXX ( a ) - Unfairness to opposing party Rule XXXX - Truthfulness in statements Rule XXXX ( d ) - Conduct prejudicial to justice Rule XXXX ( a ) - Violation through others Rule XXXX - Lack of competence Rule XXXX - Expediting litigation Rule XXXX ( g ) - Discrimination or harassment Rule XXXX ( c ) - Conduct involving dishonesty, fraud, deceit, or misrepresentation Rule XXXX ( b ) - Responsibilities of a supervisory lawyer Rule XXXX ( a ) Confidentiality These violations show intentional, repeated disregard for ethical and procedural duties and merit immediate professional sanction. 

XXXX XXXX XXXX and XXXX XXXX These actions that have now been allowed to go on for over a year and are fully evidenced across XXXX court records and have inflicted serious mental, emotional, physical, and financial harm on a vulnerable pro se litigant, while the attorneys exploited procedural gaps and weaponized litigation. The chilling effect of these lawsuits now prevents the Defendant from disputing further inaccurate credit entries for fear of immediate retaliatory litigation. This is a continuing injury and results in sustained, compounding financial and emotional harm. 
It also undermines public confidence in legal institutions and the equal application of law. Furthermore, XXXX XXXX Firm and its attorneys appear to be continuing the same unlawful practices previously employed by XXXX XXXX XXXX, another firm that represented XXXX Funding in the related cases. This includes a disturbing pattern of constitutional violations, denial of due process, and disregard for the civil and XXXX rights of the Defendant. Despite repeated notifications to courts and regulators, no entity has taken meaningful action to address or restrain this coordinated abuse of legal process and perpetrated throughout the court record of XXXX cases including the current case part XXXX of CI XXXX XXXX XXXX involving my properly filed and preserved counterclaims. 
This abuse is not isolated. It reflects a broader systemic pattern whereby XXXX XXXX and its agents weaponize the legal system against consumers, particularly vulnerable and pro se individuals, through attorney-swapping, serial filings, forum shopping, and retaliation in response to protected activity. These practices, now employed by XXXX XXXX XXXX, mirror those previously used by XXXX XXXX XXXX and warrant urgent oversight as ongoing, coordinated legal terrorism. 

As of XX/XX/XXXX, highlighting the timeline of the most recent intentional harm that reflects extensive procedural neglect and retaliatory conduct : XXXX days since XXXX XXXX XXXX XXXX was filed on XX/XX/XXXX including complete non-compliance and failure to appear then voluntarily dismissed on XX/XX/XXXX. All motions filed still pending and unanswered. 
XXXX days since case XXXX XXXX XXXX XXXX was filed on XX/XX/XXXX simultaneously also with complete non-compliance and failure to appear and then voluntarily dismissed on XX/XX/XXXX. All motions and filings have gone unaddressed and remain pending. 
XXXX  days since XXXX XXXX XXXX XXXX was refiled by XXXX XXXX XXXX on XX/XX/XXXX under improper standing. 
XXXX days since Defendants counterclaims were filed. 
XXXX days since Attorney XXXX XXXX submitted an improper blanket denial violating XXXX. XXXX XXXX XXXX and XXXX and deemed admitted per Nebraska law. 
XXXX days since the case was voluntarily dismissed with prejudice, yet still revived in retaliation to legally protected actions. 
XXXX  days since XXXX XXXX confirmed on record at the hearing on XX/XX/XXXX that he alone would represent the XXXX going forward to eliminate the confusion by all the unauthorized attorney hopping. 
XXXX  days between Defendants XX/XX/XXXX filing exposing these failures and Plaintiffs retaliatory amendment to retroactively go back nearly XXXX days and now attempt to properly respond to the counterclaims. 
XXXX days from Plaintiffs improper motion on XX/XX/XXXX to this filing date during which time no service or objection opportunity was permitted regarding the plaintiff 's motion for leave to file amended answer to defendants counterclaim. 

This chronology demonstrates a pattern of systemic discrimination and retaliation. The XXXX has failed to rule on any of Defendants properly filed motions for over a year, while allowing Plaintiffs unauthorized and procedurally invalid retaliatory filings within hours. 
The Courts willingness to grant ex parte orders, ignore pending motions, dismissals, and accept clearly retaliatory filings while refusing to enforce its own record has made it complicit in denying this Defendant equal access to justice. This violates core due process protections under the XXXX Amendment and XXXX Title XXXX. Such imbalanced treatment of a vulnerable pro se litigant constitutes a denial of due process, as well as a direct violation of protections under the Americans with XXXX XXXX, the XXXX XXXX, and XXXX XXXX. XXXX. 

As of the date of this complaint, Plaintiff and its legal representatives including multiple law firms have committed over XXXX documented procedural, statutory, and constitutional violations. These include violations of the XXXX, FDCPA, FCRA, and due process rights under the Fourteenth Amendment. The repeated and escalating nature of these acts carried out on court record and in direct retaliation for protected filings constitutes continued intentional infliction of emotional distress ( IIED ). Defendant continues to suffer severe harm, loss of livelihood, decreased quality of life, deteriorating health, and fear of legal retaliation for asserting fundamental rights. Cumulative damages now exceed {$750000.00}, supported by continuing injury theory and stacking of statutory remedies under XXXX XXXX. XXXX ( FDCPA ), XXXX XXXX. XXXX ( XXXX ), and XXXX XXXX. XXXX. See XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ) ( emotional distress in civil rights claims ), Doe XXXX XXXX, XXXX XXXX XXXX ( XXXX ) ( statutory damages ), and State ex rel. XXXX v. XXXX XXXX, XXXX XXXX. XXXX ( XXXX ) ( affirming cumulative statutory penalties where violations are ongoing and willful ). 

VI. XXXX Requested XXXX. Investigate and discipline XXXX, XXXX, XXXX, and others involved for misconduct. 
XXXX. XXXX XXXX XXXX XXXX and XXXX and XXXX for possible systemic violations. 
XXXX. Refer to DOJ XXXX XXXX XXXX for XXXX systemic discrimination. 
XXXX. XXXX and publicly censure the individual attorneys for their extensive misconduct. 
XXXX. Require restitution or corrective measures where applicable. 
XXXX. Require improved XXXX compliance and service of process. 
XXXX. Accept this complaint as a continued notice of pattern of abuse for future consumer alerts. 
This complaint is submitted under oath and penalty of perjury to multiple agencies empowered to investigate legal malpractice, ethical violations, consumer fraud, and civil rights abuses, including those involving XXXX Title XXXX. The undersigned respectfully invokes the jurisdiction of all listed bodies and seeks a formal inquiry, discipline, and any enforcement remedies appropriate under state, federal, or professional codes. 
I, as a pro se litigant, have been expected to meet every procedural and substantive standard or face judgement, while Plaintiff represented by licensed counsel has been permitted to bypass deadlines, ignore filings, and violate court protocol without consequence. This disparity is not only unfair, it is unconstitutional. 
I declare under penalty of perjury that the foregoing facts are true and correct to the best of my knowledge and abilities. 

Executed on XX/XX/XXXX. 
Respectfully submitted, XXXX XXXX

Company response to consumer: Closed with explanation