State of Illinois vs Kluever & Platt, LLC - "not now and has never been licensed as a debt collection agency... not a licensed attorney at law"

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State of Illinois vs Kluever & Platt, LLC – “not now and has never been licensed as a debt collection agency… not a licensed attorney at law”

State of Illinois vs Kluever & Platt, LLC – “not now and has never been licensed as a debt collection agency… not a licensed attorney at law”

Could this have the potential to overturn thousands of Illinois foreclosures?

Note: They are not listed as Designated/Retained Law Firms for either Fannie Mae or Freddie Mac.

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT – CHANCERY DIVISION

THE PEOPLE OF THE STATE OF ILLINOIS
Plaintiff,

v.

KLUEVER & PLATT LLC
Defendant,

EXCERPT:

7. As described below, Defendant has engaged in acts or practices that violate
Illinois Law. Defendant’s conducts on going and impacts many Illinois
consumers Therefore any examples provided of specific consumer experiences
are simply illustrations and should not be construed as the only instance in which
Illinois consumers were harmed or could potentially be harmed by Defendant.

8. Since at least July 25,2001, and continuing to date, KLUEVER has provided debt
collection services.

9. KLUEVER has filed at least 3 ,700 lawsuits in cook county and other counties
since  July 25, 2001 to collect on debt  and/or property for others.

10. KLUEVER is not now and has never been licensed as a debt collection agency.

11. KLUEVER is not exempt because it is not a licensed attorney at law (see
Exhibit “A”).

12. Filing a lawsuit to collect a debt is an “exercise [of] the right to collect”‘ (225
rLCS4 25/4). Illinois courts have repeatedly held both in cases arising under the
ICAA and otherwise, that litigation is a form of debt collection. Business Serv.
Bureau v . Webster2, 98 Il1. App.3 d 257( Ill. App. Ct. 4th Dist. 19 98); Petrick v .
Kaminski6, 8 Ill. App.3 d 649( ilI. App.C t. 1sr Dist.1 979)Similarly federal
courts applying the Fair Debt Collection Practices Act, 15U .S.C.$ 1692e t seq.
(‘FDCPA’) hold that litigation is a form of debt collection Heintz v . Jenkins,5r4
U.S.2 91( U.S.1 995)( “litigating..seems simply one way of collecting a debt,);
FTC v Check Investors In c.,5 02F .3di 59 (3rdC ir.2007); Farbevr v NP Funding
Ii, LP,C V-96-4322(C PS),I 997U .S.D ist.L EXrS2 124s,*S (E.D,N .y., Dec.9 .
1997)( “litigation is one form of debt collection”). LVNV Funding, L LC v. Trice,
952N .E.2d1 232,1 237( Ill. App.C t. 1stDist.2 011)( if LVNV had not
registered before it filed the complaint against Trice, it committed the crime of
engaging in debt collection”).

13. KLUEVER, by filing lawsuits to collect debt, is acting as a “collection agency, ‘as
defined in Section2 of the ICAA (225I LCS4 25/2\.

[…]

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One Response to “State of Illinois vs Kluever & Platt, LLC – “not now and has never been licensed as a debt collection agency… not a licensed attorney at law””

  1. cindy says:

    This guy has a lot of guts to after the guys. They’ve filed thousands of cases. Don’t you think the judges will side with them to keep the “good old boys” network going?

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