Rubin & Rothman

Dear [redacted], The Firm is in receipt of your complaint filed with the Revdex.com. The Firm has updated its file to reflect that a complaint has been received, notified our client and placed an administrative hold on your file. We do appreciate your willingness to make payments and...

understand your reluctance to do so until you receive documentation reflecting your responsibility to pay. These documents will be mailed to you by express courier. The Firm will not undertake any additional activity for 60 days in order to allow you an opportunity to address any issues you may have and/or make payment.  Please do not hesitate to contact our office in the event you need additional information or assistance. We look forward to the opportunity to assist you further. Thank you.

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me and the matter has been resolved.
Sincerely,
[redacted]

Good Morning, The Firm will mail the consumer a written breakdown of what was paid in relation to what is owed. Thank you.

Review: I want to complain about the ILLEGAL practices of this firm, which are already well-documented across the web. The only reason I didn't fight this judgment is because the lawyer advised that it would cost more than the debt. Rubin & Rothman did NOT serve me a summons at my residence. They also FORGED that I "appeared in court". I did NOT. I just received the prepare to settle letter TODAY, after I've already had funds garnished, and agreed to let them keep half of my funds to release the other. But they acted ILLEGALLY. I was never served notice of a lawsuit, of a court date, nor of a judgment being made.Desired Settlement: I would like $600 back. They can keep the $900 I actually owed.

Business

Response:

Dear [redacted],

The letter is in further response to [redacted] 's reply to the Firm's

initial response to [redacted] 's complaint filed with the your

office.

[redacted] 's response states she has determined the complaint not to

be resolved. It is unclear how the Firm can "resolve the complaint to

[redacted] 's satisfaction without compromising our client' s legal

rights to funds lawfully collected.

The Firm provided all legally required notices with respect to the

collection of the debt, litigation, entry and enforcement of the

Judgment entered against her.

In fact, it was the Firm that filed [redacted] 's letter of August **,

2009 enclosed with the court (see enclosed letter of September

**, 2009) to notify the clerk of the court that [redacted] had

"appeared in the legal action. Typically, it is the party, in this

instance, [redacted], who should have filed her answer with the court.

However, as attorneys and officers of the court, our office filed her

answer with the clerk 's office since it was unclear whether [redacted]

[redacted] had done so.

This letter is clearly an indication that she received notice of the

legal action against her. Also, it is clearly an answer to the

allegations of the Summons and Complaint enclosed and filed with the

clerk of the Civil Court in Kings County. No where in this letter does

[redacted] provide any defense to the allegations that she is liable

for the underlying debt. In fact, [redacted] states she is "more than

willing" to negotiate a settlement.

After receipt of this letter a Firm attorney, [redacted], Esq.

mailed [redacted] the enclosed letter of September **, 2009 offering

to settle the account for $800 at $50 per month. The Firm never received

any response from [redacted] to [redacted] 's offer to settle.

There seems to be a persistent and recurring theme here. [redacted]

seems more concerned about wasting time and money then asserting her

legal rights or protecting her own interests. This is evident by the

language in her answer whereby she offers to settle

the account stating she does not want to "waste" everyone 's including

the court' s time on a debt under $1,000. It is also evident in her

reply to the Firm's initial response to her complaint that an attorney advised

her it would cost more money to assert her legal rights than the debt was worth.

It is disingenuous of [redacted] to lament that things did not go her way

considering that [redacted] offered to settle the matter with her at a reduction

and monthly payment plan. Moreover, [redacted] was provided an opportunity by the

court to contest her liability for the outstanding balance due on the account on the merits

if she chose.

The court notified the parties that it scheduled a conference of the matter for November

**, 2009 at the Civil Courthouse in Brooklyn. When [redacted] failed to physically appear

at the conference, the court granted leave to enter a judgment against [redacted].

Incidentally, [redacted] appears to be confusing the concept of "appearing" at court. The term

"appearance" is a legal term of art. The term "appearance" means that

[redacted] interposed an answer to the allegations contained in the

enclosed Summons and Complaint. This would be when her letter of August

**, 2009 was filed with the clerk of the court as an answer. It does

not mean she physically appeared at court per. This is consistent

with her assertion that she never physically "appeared" at court. We

agree [redacted] never physically appeared at court. The attorney she consulted

with who advised her that it was not in her economic best interests to assert her legal rights

should have been able to explain this basic precept of civil practice to her.

The Judgment entered against [redacted] enclosed on December **, 2009 as a result

of her failure to physically appear at the court conference on November **, 2009 confers

rights on the Judgment creditor, Capital One Bank (USA), NA to enforce the Judgment. This can

include attachment of bank accounts that are not otherwise exempt under Article 52 of New York 's

Civil Practice Law and Rules (CPLR) .

Here, the Firm lawfully attached [redacted] 's bank account and [redacted]

agreed to release $1,479.33 from her bank account in order to settle the account. The matter

is now closed.

In conclusion, [redacted] was provided with several opportunities to settle the matter and/or

assert her legal rights in the context of the legal action against her. Instead, she never responded

to firm overtures of settlement nor physically appeared at the court conference in order to assert her

legal rights. The fact that she received legal advice that it was not in her economic interests to assert

her legal rights is not evidence of any wrongdoing on the part of the Firm.

Please contact the undersigned if you wish to

discuss the matter further. Thank you.

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID# [redacted], and have determined that my complaint has NOT been resolved because:

[Your Answer Here]

My response is that, I purposely kept it "cordial" on the phone because I know how hostile the agents are, and already the woman who I was talking to was very hesitant to let me off the phone. That is their tactic. They try to keep you on the phone.

My points are this - I spoke to another lawyer, I'll have to look up for you but who it was, but he looked into my account and showed that it showed on record that I had appeared in court on one occasion. This is so NOT the case.

Also, they sent me all the mailed notifications, of judgement, of garnishment, all AFTER the money had been garnished, meaning - I never even knew about the judgment. If you listen to the recording, they did not HAVE my current address of 1 yr. I gave it to her, in good faith only because again I know that I would have never gotten off the phone without hanging up on her, which I'm sure they are used to.

I was purposely cordial, but didn't yet have it in my knowledge and didn't want to start a confrontation with someone who is just an agent and this is her job to harass people, so why would I get myself into that stress?

It was too late to do anything about the money yes, that is the unfortunate part that the lawyer did tell me it would take more cost to fight it.

My complaint is that this business is using ILLEGAL practices. I was never served a judgement. They didn't even have my address, how could I have? I gave it to them on the phone call and they have since sent me the notices, after the fact, which I have and can provide copies of with the dates vs the garnishment.

I never appeared in court, so how do the records show that?

Rubin & Rothman is WELL documented for using illegal practices. I simply knew how to keep calm and let the agent know I was "being cooperative" but that does not mean that I agreed with this.

Thank you

In order for the Revdex.com to appropriately process your response, you MUST answer the question above.

Sincerely,

Business

Response:

Attention : [redacted] Mediator

This letter was prepared in response to consumer's Revdex.com complaint filed against Rubin & Rothman LLC, Hereinafter "Rubin and Rothman", by [redacted], Here in after "the consumer".

Background:

Rubin & Rothman is a law firm that represents clients in the area of collection litigation. On or about June **, 2009, Rubin & Rothman was asked by its client, [redacted], N.A. to collect an outstanding balance owed by the consumer, [redacted], [redacted], This debt originated from the consumer's defaulted [redacted], N.A credit card account.

NATURE OF CONSUMER COMPLAINT

The consumer recently filed a Revdex.com complaint against Rubin & Rothman. Based on the summary of said complaint provided in the letter from the Revdex.com dates July **, 2013, the complaint states the following:

The consumer asserts that she failed to receive notice of the action, the court date and the judgement.

The consumer asserts that Rubin & Rothman incorrectly alleged that she "appeared in court".

The consumer asserts that improperly advised to settle the matter by agreeing to turn over portion of a restrained bank account to settle the matter.

The consumer asserts that "I've already had funds garnished..."

BRIEF ACCOUNT HISTORY

The following is a brief outline of the collection activity that Rubin & Rothman, has conducted pursuant to its legal representation of its client in the matter, in order to recover the balance owed by the consumer:

* On or about June **, 2009 Rubin & Rothman mailed a dunning letter (exhibit "A") to the consumer at her residence. Said letter provided the consumer the opportunity to send Rubin & Rothman written notice within verification of the debt. The letter also advised that if such a notie was not received we would assume the debt to be valid.

* Rubin & Rothman did not receive a request for verification a ( or any other communication) in response to the June **, 2009 letter.

* On June **, 2009, the consumer was served by delivering a copy of the summons and complaint (pursuant to [redacted](*)) to [redacted], a person of suitable age discretion; in this matte in the New York City Civil Court, Country of Kings under the caption: [redacted], Index No. [redacted] (summons and complaint, exhibit "B").

* Our office received a letter from the consumer in response to the complaint on our August **, 2009.

* On or about September **, 2009 Our office mailed a cover letter with a copy of a billing statement from the [redacted] account and a proposed settlement agreement to the consumer (cover letter, Exhibit "C").

* On or about September **, 2009 Rubin & Rothman elected to treat said letter as an Answer to the complaint, and forwarded same to the court to treat accordingly (the Consumer's letter and our cover letter to the court are annexed as Exhibit "D"). Said exhibit also indicated that when Rubin & Rothman sent the consumer's letter (and our cover letter) to the court, our officer, our offices also sent a copy to the consumer.

* On November **, 2009 the consumer failed to appear at the Court's scheduled conference date and the court eventually entered judgement on that basis.

* On or about December **, 2009 Rubin & Rothman sent a letter to the consumer to notify her that out office would be requesting that the court enter a default judgement, shortly thereafter (exhibit "E").

* On or about January **, 2010 our office sent the consumer a letter notifying her that the court had entered judgement in this matter (exhibit "F").

* On June 2, 2010 our office received a letter from the consumer wherein she confirmed that she had received and considered a previous offer from Rubin & Rothman which would allow her to pay the debt pursuant to a payment plan (exhibit "G")

* On July ** 2013, the consumer contacted our office to discuss to her bank account that was restrained account in order to satisfy the judgment in this matter.

* The consumer agreed to voluntarily release $1,479.33 from the restrained account in order to satisfy the judgement in this matter.

* Our office sent the consumer a letter on or about July **, 2013, for her to execute and bring to her band in order to complete the release of said funds. (see Exhibit "H").

ARGUMENT / RESPONSE TO COMPLAINT

The consumer asserts taht she was not aware of the action, the court date or the judgement, However, her Letter (Exhibit D) referred to document that she confirms was filled with the court. It is clear form the timing and content of the consumer's letter (that was sent in response to the summons and complaint) that she was fully aware of the action. It is the standard practice of this court to notify the parties of the initial conference date, and Rubin & Rothman received such a notice. When the court entered judgment based on the consumer;s failure to appeared on said date, our officer mailed the defendant a letter that gave the defendant notice of the judgement. The consumer had ample opportunity to request relief from the court, if she felt the judgement was entered improperly; she did not. Instead, she waited until one of the her account was restrained pursuant to the judgement. In response to said restrained account, the consumer contacted our office and voluntarily chose to satisfy the judgement.

I personally listened to a recording of the two July **, 2012 telephone called were cordial and professional throughout; but more importantly, at no time was the consumer advised "not to fight the judgment", or that "it would cost more than the debt". to contest the judgment. Nothing even remotely like that was discussed between the consumer and our office. In both phone calls the consumer was simply interested in obtaining information regarding the repayment of her debt the release of her restrained bank account.

As for the consumer's allegation that she received a "prepare to settle" letter, this assertion is simply not accurate. I have reviewed all of the letters sent by our office in this matter, and none of the letters contains anything remotely phrased like "prepared to settle"

As for consumer's allegation that Rubin & Rothman incorrectly asserted that she 'appeared in court", this is also not accurate. The consumer failed to appear in Court on the scheduled conference date, and Rubin & Rothman requested that the court enter a judgement based on her failure to appear.

There is no indication that our office did anything improper in obtaining payment from the consumer in this matter. The consumer chose to contact our office from the consumer in this matter. The consumer chose to contact our office pursuant to the restraint and voluntarily agreed to instruct her bank to turn over a portion of the restrained funds in order to pay the judgement balance that was owed.

CONCLUSION

After a review of our office's file in this matter, I have found no evidence that would support any type of consumer complaint. I believe that our office handled this matter professionally and appropriately, at all times.

Please do not hesitate to contact our office at [redacted] if you have any other further questions.