Rubin And Rothman Summons

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

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

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.

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?

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.

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

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

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

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.

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

Unclewulf,

On my papers, there is no phone number for the court, it just says this is a summons and you must answer within 20 days if this was delivered directly to you, or 30 days if it was not delivered to you. The top of the page says; Consumer Credit Statement.

Like I said, I was mailed 2 copies, they came from diff addresses, one had the file number stamped, and the other was handwritten. Do you think I should contact them too?

That almost sounds like a bogus summons. Contact your local civil court, tell them the case number and ask them if there was ever any complaint filed against you.

If there is no record of it when I call up the court, do I still go? I know that might sound stupid, but I'm just scared.

You could still go to find out for certain (that way you have all your bases covered) However as Shazzers has said it sounds like it is a falsely manufactured court document so you may wish to copy it and send it along with a complaint form to your state Attorney General's office as well as the Federal Trade Commission. Sending fake court documents is a violation of the Fair Debt Collection Practices Act and you could actually use it (if it is indeed a fake document) to initiate your own civil action for $1,000 in statutory damages plus court costs and Attorney's fees (if applicable)

I also checked on the court's website, I searched by my name and didn't find anything, I would have searched by index number, but my number is 6 digits, and the website is asking for number and digits, I will call and post back what happened. But the website don't show my name.

Did the clerks office check by your name? You may wish to contact the law firm to see what State and district they filed in. That way you may be able to determine if they file in another state/district, which in that case you can motion for dismissal due to improper venue.

If that is a bogus summons, I would sue them, it isn't right to let them get away with that. That's just wrong, just imagine how many other people might be their victims too. Please report this is it is a bogus claim. We will walk you through what to do. Keep us posted! :)

I didn't call the court yet, but it seems they filed in the state of new york, where I am too,

What district did they supposedly file in?

All I know is that their law office is in Islandia ny and I am in Brooklyn New York, the papers say filed in Kings county, and that is where I live

Ok, that certainly narrows it down. If the clerk didn't file anything with Kings County then that summons is most likely a forgery. At this point I would strongly suggest that you contact a consumer attorney in your area to file civil action of your own. You can start your search with NACA.net

Also on my letter, says it was filed on 5/21, but the typed letter is dated 5/14. I'm going to call now. I appreciate all of your help, I need the help, I just want to pay off my bills, I don't want trouble and I have no idea what to do

Ijust called, and they said it's real. I'm am so scared. I want to pay this off, do you think if I called them I can negotiate with them?

When you say you called "them" - who did you actually call?

I called the court

I'm sure you can negotiate, most businesses prefer to settle out of court because it's a bit expensive.

I heard horrible stories about this law firm, will they be willing to negotiate, can you even if a summons was issued already?

Guest, no one can tell you exactly what Rubin/Rothman will or will not do in your case.

As JCMET said,the majority of businesses prefer to settle out of Court.

There is nothing to preclude R/R from working something out with you pre-Court.

It is not uncommon for Attorneys to work something out IN Court.

I am also in the same boat, but was told that I have 30 days to answer. I know my account was never as high as they say it is so I am demanding that they show me all the necessary breakdown as well as the copy of the original loan application.

Rubin and Rothman is a very legitimate Law firm. I had dealings with them in the past. I had a credit card with Citibank, which was taken out in my name, but on my former husbands income, as I had none at the time. He refused to pay and I had no money to pay. I received the summons and the next thing I knew it was filed in both the City and County Court of Monroe County. The judegement was filed, end of story. I had no prior contact from them whatsoever. They also filed a lien against my house and once it was sold the money owed went to them. I would suggest you do some serious checking to make sure that you are where you are supposed to be when you are supposed to be there. Perhaps you can work something out but I wouldn't ignore it.

Did you answer your summons?

What happens if you don't own anything?

If they get a judgement against you, they can garnish your wages, empty your bank account, place liens on any future property that you may acquire.

I answered the summons but since I couldn't pay the debt the lien was attached to the property I owned. Once the house was sold the debt was paid with the proceeds of the sale. Just make sure you don't ignore the summons.

I have an update. I just received a letter from R & R, doesn't say much except to call regarding the debt. I know my counselor already sent the proposal to them. Do you think they will agree to something?

Thanks

i recieved a summons and i went to court. They really worked with me. They deducted the amount that i owed. They took off the interest rate. so i was happy that i went to court.

another thought is to find a local attorney epecializing in collections and see if they will geive you a 1/2 hour free consult (or even pay for a half hour) let them review the documents and provide you their thoughts on their validity

dang it, dhould have read further, now that post is way stale,,,

Yeah...that's the bad thing about bumping old threads

I'm glad this was bumped and I need help. I had a summons from them too. I answered it and after that made arrangements to pay them a certain amount every month. Now I have made my first payment with them and I get a letter saying that they never received it. I had sent them this first payment with the settlement letter, it was in the same envelope, how could they have received the letter but not the payment?? I made the payment with a money order, return receipt. What should I do, part of the agreement was if I don't make my monthly payments they will proceed with the collections.

you should be able to trace the money order, it can take a while. Also you have receipt, but you need to establish if the money order has been cashed. once you know that you can deal with them accordingly.

I would suggest checking to see if the check has been posted to your account. If you can prove you wrote it (such as a carbon copy) you can nail them on a Uniform Commercial Code violation. By refusing your payment they may have dishonored the contract, voiding the debt.

How can I check to see if it was posted to my account? The money order only had the tear off tab, no carbon copy. All I have is my return receipt from the post office with proof that someone signed for it.

Also, how would you get them for a violation, how would I go about that? I'm in New York

The post office told me that to trace a money order would be if it were lost, which it wasn't. What can I do to prove that I paid. I am keeping to my agreement with then and now this

First see if the money order was cashed as JJ suggested. (Sorry I misunderstood, I thought it was a personal check in my last post) to do that you would need to contact the issuer of the money order and they will be able to guide you from there regarding that.

If you have the tear off stub the record that it was never cashed and the return receipt that proves that 1. A money order was issued for a amount they requested, 2. A letter was sent to them which they had signed for and received, and 3. The money order was never cashed. Each contract involving payment for services or goods received are binding in that 1. They will provide to you said services or goods and 2. You are to pay them as requested. By refusing your payment they will dishonor the contract which will void it and the debt associated with it.

While there are no statutory damages associated with this (as far as I know) it will result in the dismissal of this debt if this is indeed the case.

i will call the post office again to see if they can determine if the money order was cashed. If I can find this out, do you think there is something that the PO can send out to me saying this was cashed? Also, is it a good idea to send a letter to R & R with copies of my receipt? Thanks JCEMT

I think we should take this one step at a time, first wait to see if the money order has been deposited, we will take it from there.

I went to the post office and they said the trace can take up to a month to complete. What can I do in the meantime? While I wait all I have is the green card (return receipt), the sales slip and the tear off stub from the money order. They think I went back on my agreement and did not pay. Should I send them a letter with these receipts? I do not want them taking me back to court or garnishing my paycheck.
Thanks

Can someone give me some advice on what to do