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Rubin And Rothman Summons

Submitted by on Thu, 05/29/2008 - 17:54
Posts: 202330
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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.


another thing..if you can get the post office to give some sort of written acknowledgment of the trace you couold offer them a copy of that as well.. remember that whatever you do is evidence in your favor so do as much in writing as possible


Submitted by jj on Wed, 07/09/2008 - 11:22

jj

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One advise that I give to people dealing with this law firm, is not to negotiate with this crooks. If a judgement is file against you, make sure you go to the office where it was filed, to make sure it was submitted. Don't be afraid of this people. They use the intimidation tactics to scare poeple to get them to pay. Any bussiness you do with the firm, make sure it goes through the court. Do not deal with them directly. If you have to go to court don't be afraid just make sure you show up to court. once in court do not talk to them unless the judge is present.


Submitted by on Fri, 11/14/2008 - 20:04

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I'm glad this was bumped, my sister has dealings with them and don't know what to do. I was unaware of this until recently. She was sued by them on behalf of Cap One. They had sent her letters asking her if she wanted to reach an agreement, she said she signed a confession of judgment along with if she missed a payment they would continue with collections. She had to pay them for 6 months. She has paid them already $800 for the 6 months and now she is scared because she can't pay the rest in full. What are her options at this point? She is so depressed and is thinking of filing bankruptcy. Would bankruptcy get rid of this, even though it wasn't a judgment by not showing up? Does it matter what kind of judgment it is? I wish I knew about this when it first started, and I wish she knew about this forum. I have been reading various posts hre and everyone is truly helpful.


Submitted by on Fri, 11/14/2008 - 23:58

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Hi All,

I was served a summons by these people about two weeks ago. I started to do some research and am horrified at the way they treat people.

One of their lawyers sent me a "Please contact me to discuss..." letter, then I get a summons in the mail two days later! I called them to get more information on why they sued me and this rude receptionist who seemed to be reading from a script got agitated when I told her the explanation she gave me made no sense.

The entire call seemed to have less to do with an explanation of why they sued me than the receptionists need to constantly talk about how I "need to learn to listen to people." It was an obvious ploy - the woman wasn't conjugating correctly. She told me she was "terminating the call and I could call back on Monday to speak with someone else" and has a smirk in her voice when she said it!

I can't believe it's legal for a con operation like this to operate and victimize people with threats and intimidation. Guess I've got no choice but to take off work go to court and deal with this with a judge.

They are souless.


Submitted by on Tue, 11/25/2008 - 22:40

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I agree Jedi, they will not work with you, even when you are willing to work with them. Who can you complain to, and I don't mean BBB, 'cause they don't seem to do anything, I've looked around the internet and had seen a post somewhere that even complaining to the attorney general dosen't do anything

Filed for chapter 7, they were on my list of creditors and received notice and they still froze my checking account


Submitted by on Tue, 11/25/2008 - 22:54

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I was served a summons Sat. and contacted Rubin-Rothman monday and talked to a gal named gretchen ext. 245 who was extremely polite and helpful. I was scared also but I made payment arrangements and will not wait till I receive another summons but will seek debt consolidation...


Submitted by on Mon, 01/12/2009 - 18:04

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Help They froze our bank accounts today. this is an old dept of my husbands they have been completely unhelpful with trying to settle this. Also they want his check stubs to garnish his wages is this legal? They have harrassed us at all hour of the day and when I tried to make a settlement today. This guy yelled at me and told me I was going to have to find some other way to feed my kid and that they were entitled to half of our bank account and to garnish his wages. We never responded to the summons because we thought they were fake since they did not come certified mail or no one ever served us papers. These people totally abused me on the phone and put a levee on our bank account today and told me to stop calling to figre this out until they heard how much money we have in the bank and his paychecks. I think they use intimidation and I have been crying all day! These people are extremely evil HELP!


Submitted by on Thu, 05/07/2009 - 13:50

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I don't know if there is much that you are going to be able to do as you didn't respond to a summons and likely didn't show up for the court date.

The only hope for an immeditate fix is to check your state laws on how summons are supposed to be delivered. If you were served improperly then I believe that is your only avenue out.


Submitted by FYI on Thu, 05/07/2009 - 14:23

FYI

( Posts: 1950 | Credits: )


I'm in a similar situation with R&R.

They sent two summons via mail to an old address. Never actually served me or anybody at that old address. They look real, but also fabricated at the same time. I checked with Kings county, NY court and sure enough there is a case against me. The case file says Cap1 is the Plaintiff and R&R are the attorneys. I have a credit report from 2005 that says this Cap1 account was charged off and closed in Aug 2004 and the balance was $4,000. My credit reports now say this:
Status: Account charged off. $9,209 written off. $9,180 past
due as of May 2009.
Status Details: This account is scheduled to continue on record
until Nov 2010.
Date Opened: 12/2001
Reported Since: 12/2001
Date of Status: 08/2004
Last Reported: 05/2009
Type: Revolving
Terms: NA
Monthly Payment: $0
Responsibility: Individual
Credit Limit/Original Amount: NA
High Balance: $9,209
Recent Balance: $9,180 as of 05/2009
Recent Payment: $0
Creditor's Statement: Account closed at credit grantor's
request.
Account History:
Charge Off as of May 2009, Apr 2009, Mar 2009, Feb 2009, Jan
2009, Dec 2008, Nov 2008, Oct 2008, Sep 2008, Aug 2008, Jul
2008, Jun 2008, May 2008, Apr 2008, Mar 2008, Feb 2008, Jan
2008, Nov 2007, Oct 2007, Sep 2007, Aug 2007, Jul 2007, May
2007, Apr 2007, Mar 2007, Feb 2007, Jan 2007, Dec 2006, Nov
2006, Sep 2006, Aug 2006, Jul 2006, Jun 2006, May 2006, Apr
2006, Mar 2006, Feb 2006, Dec 2005, Nov 2005, Oct 2005, Sep
2005, Aug 2005, Jul 2005, Jun 2005, May 2005, Jan 2005, Aug
2004 to Dec 2004
180 days past due as of Jul 2004

It doesn't say anything about it being sold or transferred. I've been ignoring the other letters and phone calls, so I certainly haven't made a new Date of Last Activity & this wasn't their first attempt to contact me. I know I have to go to court or risk a judgment, I was just wondering if I can still send and/or should send a DV letter which would confirm my address to them, then they could possibly serve me for real. Also, can they really take me to court over a charged off account? Could Cap1 really sue me when they have charged it off and written off? I suspect R&R is the real plaintiff, isn't this fraud then if they are claiming to represent Cap1? I am supposed to answer within 30 days the proof of service is filed with the city clerk. Does anybody know how to check the proof of service in Kings county (Brooklyn)? Their letter was dated 4/14. The filing date was 4/20, and the letter mailed to my former address was postmarked 4/28. I assume I have at least 30 days from 4/20 right?

Thanks all!!


Submitted by on Thu, 05/14/2009 - 23:33

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Thanks for the links. I think they got me on this one though. SOL hasn't expired yet, so it looks like I have to settle. I guess I'll send the DV letter and see what happens.


Submitted by on Sat, 05/16/2009 - 22:31

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Another classic idiot law firm - glorified debt collectors because they couldn't do real legal work. They are morons. Email this moron Diana Zollner, Esq. [email]dzollner@rubinrothman.com[/email] if you live in NJ (they have a New York address as well). They are all stupid so keep everything in writing NOT ON THE PHONE and review any and all letters before they go out. If they think you are stupid or dumb they will try to treat you that way...when you are done go to Bad Business Report.com and blast the law firm...also report them for any illegal or improper conduct to the state bar in NJ and the FTC and anyone else that will listen.


Submitted by on Sun, 05/17/2009 - 09:25

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Since this wasn't Rubin & Rothman's first contact, should I avoid the DV letter and just demand the Validation in Discovery? Or do you think it is better to know what they can prove before going court? After reading all around here, I just get the feeling they purposely messed up the paperwork and when I send them a DV letter they can confirm my address and then start all over and serve me properly and with all signatures in place. The summons's I got are not signed by a lawyer. I'm going to the court tomorrow to file my answer and see what they put on the Notice of Service.

Thanks


Submitted by on Mon, 05/18/2009 - 02:04

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First, this should not be construed as legal advice and please seek independent counsel before taking any actions in accord with this posting. That said, I have personally dealt with this firm and it seems to me that their poorly trained clerks violate the Fair Debt Collection Practices Act on an ongoing basis. My advice - if you are sued by this firm, file a counter-claim for violations of the Fair Debt Collection Practices Act and seek the $1,000 penalty per violation that the law provides for. Note: depending on your jurisdiction you may have to file a separate action against Rubin & Rothman directly and then move to consolidate the actions. Also, please do not forget that there are attorneys at this firm who are responsible for the conduct of the clerks. If anyone - including a clerk - behaves in a manner which violates the law PLEASE file a grievance against the supervising attorney with the state bar. The attorneys at this firm give us hard working and ethical lawyers a bad name.


Submitted by on Wed, 05/27/2009 - 17:06

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I'm sorry that you all are having problems with them. I have actually had a not so bad experience. They DID put a court ordered hold on my bank accounts and I didn't even know they were working on the account. but it was lifted within almost 24 hours and we worked out a payment plan. Even some payments have been late and they have not been rabid and have worked with me when I lost my job. As long as you do not let them intimidate you (that's their job unfortunately) and you remain calm they will be pretty nice. But of course there are always the one that takes the job too far.


Submitted by acac86 on Wed, 06/03/2009 - 16:55

acac86

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[QUOTE=unclewulf;320194]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.[/QUOTE]


thank you for youe information I did what yousaid and you was rigth thank you again GOD BLESS


Submitted by on Tue, 01/05/2010 - 11:10

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http://rubin-rothman.pissedconsumer.com/rubin-rothman-are-very-bad-people-20080130112055.html

They jus called me today. At my job. My NEW job. How the hell did they get that info. So I looked them up and got the link above. The guy that spoke to me sounded funny. Suspicious. Totally didn't have his facts right and was not the professsional type. pleaseee becareful.


Submitted by on Thu, 01/13/2011 - 10:47

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I have consulted an attorney about Rubin and Rothman falsifying various account information with convoluted final balance due, last date of payment info. reported to CRA'S, notification of charge-off, etc... We have the right to a great deal of ACCURATE and VERIFIABLE data they have collected. I contacted Midland Funding about a similar matter and I believe they know R&R are as full of it as the attorney said they were. They hung up in a hurry.
I told TransUnion and R&R I am making a formal complaint to the NYS Attorney General and the FTC
due to the fact that their information obtained and reported is not necessarily reliable. PLUS, they have, with fraudulent intent, filed bogus process of service regarding court appearances. (summons)
We must review all of the documents they handle for these errors. They are illegal.
Finally, I was summoned to court by them in 2004 for a Captial One account. When it was presented to His Honor, Judge Straniere, it was referred to as Midland Funding, without any notice of transfer of account and other legal requirements. Keep the faith!


Submitted by on Thu, 06/21/2012 - 08:45

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