logo

Debtconsolidationcare.com - the USA consumer forum

Forums
  • Latest topic

Rubin and Rothman default judgement

Date: Mon, 06/01/2009 - 08:39

Submitted by anonymous
on Mon, 06/01/2009 - 08:39

Posts: 202330 Credits: [Donate]

Total Replies: 16


Hello,

I received news that I have a default judgement against me in NY concerning an alleged credit card debt. The first sign of this was on 5/12/2009 when there was an ACH action on my bank account for $8,000. They have now hit my American bank account 2 more times for $12,000. I called Rubin and Rothman after the first hit and spoke with a fellow named Koron. He said the debt owed was $12,000. They have now taken a total of 20 G's. Now, that being said. I have not lived in NYC or the states since 2002. I live overseas. The lawsuit was filed 8/04/2006. They affixed a summons to the door of the building that I moved out of in 2002. I was able to get a copy of the summons faxed to me last week. Koron said he could not mail anything overseas or for that matter out of NY state. I would like to request a DV. I called the card holder and they said the account was closed. Since I live overseas I think I should get a lawyer to do this. Koron even stated that R and R are charging interest on top of Midland's. Is there anything I can do? I have ceased all contact with R and R until further notice. Are they allowed to take out more than what is alledgedly owed?

thanks,

ctbs


The judgement according to the subpoena that my bank received was for 10,000. I got that info this afternoon. I am having a copy of that document mailed to me from my bank. I had only one CC that had a limit of 7,000 as I recall. The bank that my account is with has changed hands 2 times in the past 6 months. Something like this, AG Edwards > Wachovia > Wells Fargo. One hit was with Wachovia. Second two hits Wells Fargo. My account number never changed. The bank names did.

thanks,

ctbs


lrhall41

Submitted by on Mon, 06/01/2009 - 10:17

( Posts: | Credits: )


I have also informed them by fax and letter, which I have copies of, postage paid etc, to send these documents. My lawyer still hasn't received anything from them. I was on the phone earlier this week with R and R. They said that they sent out a satisfaction of debt letter. I haven't authorized any payment to them. I have not seen a single statement, itemized or otherwise from them. They said they can restrain twice the alledged amount owed. Is this true? I think they are dragging their feet to let the interest accrue. I'm beginning to think they suck.


lrhall41

Submitted by on Fri, 06/19/2009 - 01:50

( Posts: | Credits: )


Firstly, when you get an attorney, you should no longer talk to the collector. Refer all contacts to the attorney. Secondly, collectors are not allowed to add to your account, only what is in the original contract.

Definitely work on getting that judgment vacated and those monies refunded to you. I really hope you hired a good attorney.


lrhall41

Submitted by Chrys Henderson on Fri, 06/19/2009 - 03:26

( Posts: 2538 | Credits: )


OK. The lawyer that I have been talking to doesn't seem to think that I can fight this. I'm not too sure that he has much experience with this kind of action, that doesn't mean he isn't a good lawyer, therefore he seems a bit reluctant to proceed. Can anyone suggest a lawyer in the NYC area who specializes in this type of thing? The one that I have been talking to would want a $1,500 retainer, but he can't guarantee anything in my favor. I would really like a second opinion from a lawyer who deals with this on a daily basis. Any recommendations would be appreciated.

ctbs


lrhall41

Submitted by on Wed, 07/08/2009 - 13:13

( Posts: | Credits: )


Also, R and R did send the lawyer I was talking to some documents. He received a copy of the original judgement and a copy of the affidavit of service and a document showing interest accrued. There were no statements from the alleged credit card debt. The lawyer has not seen, nor have I, any itemized statement concerning the alleged CC debt. If R and R has that they should provide that, correct?

best,

ctbs


lrhall41

Submitted by on Wed, 07/08/2009 - 13:21

( Posts: | Credits: )


If there is a judgment, then that is all they have to send for proper Validation so you have to get that overturned - then you can develop a plan of action to deal with the remainder of the situation.

Perhaps you did not detail your case enough to the attorney. If you have documented FDCPA violations, then not only would you get $1000 by proving it in court, but also possible attorney costs and court fees.


lrhall41

Submitted by Chrys Henderson on Wed, 07/08/2009 - 22:45

( Posts: 2538 | Credits: )