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RUBIN & ROTHMAN need help with default judgement

Date: Fri, 09/18/2009 - 18:37

Submitted by anonymous
on Fri, 09/18/2009 - 18:37

Posts: 202330 Credits: [Donate]

Total Replies: 4


Hi i typed this once and it didn't post so this one may not be as specific as the last, but i am getting a little too stressed about this so if u need more info please let me know.

Anyway thank for being here i have read a few posts and this community seems to have quite a bit of knowledge.

I received a default judgment income execution yesterday from my county clerks office through certified mail. It was about a ford credit debt and was being done by the collection agency RUBIN & ROTHMAN out of Islandia, NY. I live in western NY state. It states that the judgment is for over 7k and I must make payments to my clerks office or have my wages garnished 10%.

I have a ton of questions and want to make sure none of this is illegal or a bully tactic by a bottom feeder agency.

The date of entry on the paper says 10.3.2000 and of course over half of the balance is from interest that has accrued since that date. I never received a summons, EVER. I didnt even know this agency was trying to collect anything from me. I pulled my credit report a year or so ago and nothing from ford credit or RUBIN & ROTHMAN showed i owed anything to either.

I called the attorney general of nys office and the women said that i need to go to the clerks office and get all the documents the clerk has about this issue. I did that and the clerk's showed me they only had the document i received yesterday, absolutely nothing else. The woman at the clerks office said usually there is record of a summons, but there is none in this case.

I called the AG office back and the woman said that this does not sound good. She said I need to speak to the main lady there. She had me lv a mesg on her answering machine. I wont know more till monday.

I just want to know if I can do anything now to prevent the wage garnishment and to make sure none of what RUBIN & ROHTMAN are doing is illegal or just UNJUST!!!

Please let me know

thank you
JC


WOW! What a nightmare!
Try to have a calm weekend...there's nothing that can be done over the weekend, anyway. ;)
First thing Mon., call the Clerk's Office and remind 'em about your case. When they agree that there is nothing other than the judgement...ask them how you go about making a Motion for Dismissal...Motion to Vacate ...ANYTHING to get the ball rolling. The sooner, the better.

Good LUCK!


lrhall41

Submitted by on Fri, 09/18/2009 - 19:26

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Thanks for the calming words. Easier said than done. I have a lot going on in my life and this just topped it off.

I am just wondering if the clerk's office should have a copy of the summons or something and y if the entry date was back in 2000 y now would they be seeking a garnishment.
I i knew about all this back then I could have done something b4 this so called interest out did the actual balance back then.


lrhall41

Submitted by on Fri, 09/18/2009 - 19:42

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TRUST me...I've been there/done that. It is NOT easy to shove it to the back of the brain, but...I found that it was literally consuming me as I tried to do it on my own. I saved my brains by borrowing money from friends to pay for an attorney. Needless to say, they got their money back, plus.


lrhall41

Submitted by on Sat, 09/19/2009 - 09:13

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Hi again, i have been reading and reading about this whole default judgment thing.

I pulled all my credit reports and nothing appears on them show ford credit, Rubin & Rothman or anything to do the the original loan at all.

I am looking into bankruptcy because I never in the past paid my bills, cell phone, med bills mostly, i have a couple utility bills in collection also.

The thing is this judgement is for over 7k, my cell phone bill in collections of around 1100, everything else is rather small or under a thousand dollars.

i ifgure i have about 4500 in bad debt from med bills and other small stuff..

other than that i have a good standing student loan and that is it.

The judgemnt for the car loan is no where and if i owe over 7k that would make up most of my delinquent debt.

the total of debt i have to claim in bankruptcy for is around 4500 + 7k, so i would say about 11k.

you think i should file for bankruptcy or fight the default judgment. I have found that i might be able to try to vacate the judgement no proper service of summons because i never recieved one and cant find what county it was done in if they even did it at all.

I need some feedback.


lrhall41

Submitted by jacarney8657 on Sat, 09/19/2009 - 13:06

( Posts: 6 | Credits: )