Chloe Meltzer | October 19, 2022
Summary: Are you being sued by Rubin & Rothman over a debt you owe? SoloSuit can help you take a stand and win in court.
Rubin & Rothman, LLC is a law firm based in New York state. They specialize in third-party debt collection. Rubin & Rothman have received complaints of alleged violations of the Fair Debt Collection Practices Act (FDCPA). Generally, these include attempted debt collections on debts not owed, as well as threatening to take actions that they cannot legally take. If you have been contacted by Rubin & Rothman, it is important to understand your rights and how to properly approach the situation.
According to the Better Business Bureau, Rubin & Rothman was founded in 1960 but incorporated in 1999. With a total annual revenue of $9.2 million, this is a huge organization. They have a team of over 100 attorneys, which means their staff is highly trained to handle any type of lawsuit.
The Better Business Bureau has closed many complaints against Rubin & Rothman, with most of these regarding problems with billing, collections, and civil litigation.
For example, one consumer was sued in 2020 for an overdue credit card debt. When the consumer responded to the lawsuit in court, they didn't hear anything back for months. They continued to make payments, even though there was no formal payment agreement in place. Then they received a notification from Rubin & Rothman that a judgment was being placed against them because they didn't pay as agreed.
This type of interaction with Rubin & Rothman LLC appears to be pretty common. The company is also known to violate the Fair Debt Collection Practices Act (FDCPA) by attempting to collect debt that isn't owed, making threats, and harassing consumers in general.
If you are being sued by Rubin & Rothman, or if you were sued and there is now a judgment against you in regards to your delinquent account, you will need to respond to the lawsuit. The first step to responding to a lawsuit against Rubin & Rothman is to file a written Answer into the case. If you have received a Summons and Complaint in the mail, you have 14-35 days to respond before you lose by default. Your deadline should be included in the Summons document, and it will be accompanied by information describing the debt you owe.
Collection agencies often buy debt from creditors who have stopped attempting to collect on a debt. This means the debt is purchased for a very low cost as compared to the total cost of your debt. They will then turn around and attempt to collect the full amount from you.
It is important to always challenge a debt collector in how much they are attempting to collect. This is essential because if they do not have the original credit agreement with your signature, then they cannot legally sue you for the debt. They must also show the paper trail from the original creditor to the collection agency. Without proper evidence of the debt, Rubin & Rothman will not have a good case against you. In fact, if they cannot provide evidence that they can sue you, and that you owe a specific amount, they will not be able to do so.
In other situations, you may notice that you are being sued for a very old debt. This debt may be past the statute of limitations in your state. The statute of limitations is a time period that varies from state to state. It is usually between four to six years. After the debt exceeds the statute of limitations, you can no longer be sued for it. You should also avoid paying on the debt, because any activity on a delinquent account will start over the clock on the statute of limitations.
You can challenge Rubin & Rothman's right to sue you by sending them a Debt Validation Letter when they first contact you about the debt. This letter requires Rubin & Rothman to legally verify the debt by providing the following information:
SoloSuit can help you draft a Debt Validation Letter in minutes.
It is very common for a creditor to contact you and make it seem like you need to pay for the complete debt. In some cases, you may be able to settle out of court, and this is usually a better option. It also usually involves paying less than what you owe. Because they have usually purchased the debt for less, they normally won't mind. However, it is important to know how to negotiate.
Sometimes threatening to declare bankruptcy is a good option when it comes to a debt settlement. This is because it will scare them into settling for anything, rather than risking you not paying anything due to bankruptcy.
If you decide to settle the debt you will have one of two options. The first is a lump-sum payment, and the second is to choose regular monthly payments. Sometimes you will only be able to settle for less if it is in the form of a lump-sum payment. You may need to save up money overtime to make that happen. You can start the settlement process by sending a Debt Lawsuit Settlement Letter to Rubin & Rothman. To learn more about negotiating a settlement that works for you, watch this video:
There are federal laws that protect you against unfair practices by debt collectors and creditors. One of these laws is the Fair Debt Collections Practices Act (FDCPA). It regulates the behavior of collection agencies. For example, it prohibits the actions of using abusive language or harassment in any way. It also prevents the use of false or misleading information to collect a debt.
What is important to note is that if you want to enforce your rights, or recover money for violations you will need to raise this in court. You may even want to countersue. In fact, consumers who have been violated are able to recover damages of up to $1,000 per incident, plus attorney fees and court costs. But what counts as a violation of the FDCPA? Keep reading to learn more.
You might wonder if it is worth it to counter sue and bring a case against Rubin & Rothman. If the following pertains to your situation, then Rubin & Rothman have violated the FDCPA, and you may have a strong case against them. Consider filing a counterclaim if any of the following has happened to you:
Like we mentioned before, the first step to beating Rubin & Rothman in court is to file a written Answer into the case through the court. Here are 6 handy tips for drafting an Answer that will help you win your case:
To learn more about these tips, check out the video below:
SoloSuit makes it easy to respond to a debt collection lawsuit.
How it works: SoloSuit is a step-by-step web-app that asks you all the necessary questions to complete your answer. Upon completion, you can either print the completed forms and mail in the hard copies to the courts or you can pay SoloSuit to file it for you and to have an attorney review the document.
"First time getting sued by a debt collector and I was searching all over YouTube and ran across SoloSuit, so I decided to buy their services with their attorney reviewed documentation which cost extra but it was well worth it! SoloSuit sent the documentation to the parties and to the court which saved me time from having to go to court and in a few weeks the case got dismissed!" – James
You can ask your questions on the SoloSuit forum and the community will help you out. Whether you need help now or are just looking for support, we're here for you.
Here's a list of guides for other states.
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