David Nesbitt, a resident of Plymouth, Michigan, has taken legal action against several parties, including a law firm and court clerks, alleging violations of his constitutional rights. On January 29, 2026, Nesbitt filed a complaint in the United States District Court for the Eastern District of Michigan against Roosen, Varchetti & Olivier PLLC and various clerks from the 35th District Court. The lawsuit accuses these defendants of unlawful garnishment practices that violated Nesbitt’s Fourth and Fourteenth Amendment rights.
Nesbitt’s complaint was initially filed in Wayne County Circuit Court under Civil Action Number 25-017740-CZ before being removed to federal court. The plaintiff alleges that the defendants engaged in a conspiracy to violate his federal constitutional rights by issuing a writ of garnishment without proper judicial oversight or signature. This action allegedly deprived him of due process as required by Michigan Court Rules. “Plaintiff never received lawful service of a Summons and Complaint from any court officer,” states the complaint, emphasizing the procedural lapses that led to an unauthorized garnishment of $10,518.36 from his wages.
The plaintiff further claims that the defendants redacted crucial information from the garnishment paperwork, preventing him from verifying or challenging the debt’s validity. This act is said to contravene federal laws such as 15 U.S.C. §1692g and §1692e, which mandate debt validation and prohibit misleading representations in debt collection efforts. Nesbitt also asserts that his prior filing with the Secretary of State regarding wage protection was ignored by the defendants.
In seeking justice, Nesbitt demands compensatory damages equivalent to the amount garnished and additional statutory damages under the Fair Debt Collection Practices Act (FDCPA). He also seeks punitive damages ranging between $250,000 to $750,000 per defendant for due process violations and fraud upon the court. Furthermore, he requests injunctive relief to prevent future unlawful collections and treble damages under RICO statutes totaling $31,555.08.
Representing himself pro se in this matter, David Nesbitt is pursuing multiple causes of action including civil rights violations under federal statutes like 18 U.S.C. §241 and §242. His claims extend to negligent supervision by public officers involved in facilitating what he describes as fraudulent legal processes.
The case is presided over by Honorable Judge Edward J. Joseph at Wayne County Circuit Court before its removal to federal jurisdiction where it will be reviewed by judges at the Eastern District of Michigan. Attorneys Margaret T. Debler from Rosati Schultz Joppich & Amtsbuechler PC represents several defendants while Kathleen H. Klaus from Maddin Hauser Roth & Heller P.C., represents Roosen Varchetti & Olivier PLLC.
Source: 226cv10333_David_Nesbitt_v_Roosen_Complaint_Eastern_District_of_Michigan.pdf
