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I just received a summons from Rubin and rothman to appear in court within 20 days, they are representing Midland Funding for an old Spiegal account. I don't know what to do and I am very scared. I am involved now witha debt consolidation program but they told me they can't do anything till they start contacting the creditors, I just enrolled. I know I owe on this account and I even called up Midland Funding and they couldn't help me, they just gave me the number for R &R. Is there any way of getting out of this or can I contact R & R. Please help.




When was the last time there was any activity on this account, and what state do you live in?

Sub: #1 posted on Thu, 05/29/2008 - 18:17

Shazzers Shazzers
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Also, what type of summons was this? was it a summons of complaint?

Sub: #2 posted on Thu, 05/29/2008 - 18:19

Shazzers Shazzers
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Last time I made any payments on this was about a year ago and it was to another collection agency. I live in New York. It says summons on it and has a 6 digit file or case number. Actually 2 came, one had the case number stamped and the other had the number written it and at the top where it says summons, it says we are attempting to collect a debt.

Sub: #3 posted on Thu, 05/29/2008 - 18:32

Unregistered


Is there anything on that statement that says something to the effect of: You have 30 days to dispute this debt and ask for validation, if you do not dispute it we will assume this debt is yours?

Sub: #4 posted on Thu, 05/29/2008 - 18:36

Shazzers Shazzers
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The collection agency is Midland Funding, they now sent my account to Rubin Rothman. This dosen't look like a typical collection letter, it says summons on it and says I have 20 days from the date it's filed to show up in the county court.

Sub: #5 posted on Thu, 05/29/2008 - 19:10

Unregistered


Just looked at it again. It says you have 20 days to file your answer. If you don't appear they will assume the debt is valid and judgement

Sub: #6 posted on Thu, 05/29/2008 - 19:28

Unregistered


Is this their initial communication with you? If so this could be a severe case of overshadowing.

Sub: #7 posted on Thu, 05/29/2008 - 19:54

JCEMT JCEMT
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You should also contact your court clerks office to make sure that it is a valid civil complaint.

Sub: #8 posted on Thu, 05/29/2008 - 19:54

JCEMT JCEMT
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Contact the court immediately!!! The contact info is on the documents you were served. ASk the court clerk if there is a case filed with those particulars [case #, your name, etc.] Let us know what you find.

Then, get to work on an answer to the complaint. You must file an answer, and you must appear. If you don't, you're looking at a default judgement. Specifics on answering the complaint are probably available in the NY Rules of Civil Procedure. Those can be found on the NY court system website.

Sub: #9 posted on Thu, 05/29/2008 - 19:57

unclewulf unclewulf
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You can find a WEX legal dictionary and rules for civil procedure by state and district via my signature link. If you would like to seek legal council you can start your search for a consumer attorney via NACA.net

Sub: #10 posted on Thu, 05/29/2008 - 20:00

JCEMT JCEMT
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