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  • Report:  #265912

Complaint Review: Rubin And Rothman

Rubin And Rothman Upon returning home from a hospital stay (in coma/2 wks) notified of judgement by default - in favor of law firm. Ripoff Islandia New York

  • Reported By:
    Pelham New York
  • Submitted:
    Tue, August 07, 2007
  • Updated:
    Wed, August 08, 2007
  • Rubin And Rothman
    1787 Veterans Highway Suite 32
    Islandia, New York
    U.S.A.
  • Phone:
    631-234-1500
  • Category:

Yes, I am guilty of owing Capital One approximately $3000 on three accounts. I was keeping up with the payments (minimum), knowing that at that rate I'd be writing checks to Capital One until I died.

We've almost all heard the phrase "be careful what you wish for" and while I certainly did not wish to be dead, that phrase seems to fit. When I first began using Capital One, I was sick with Hepatitus C, but it was "under control". I then contracted Lyme Disease, that held on stubbornly until treated by a drug that required an IV in place 24/7 for 30 days. In the interest of brevity,which you can already see, I have no interest in, but let me try to be more to the point...maybe a list would be better? 1) Treatment for Lyme rattles Hep C's cage. 2) Begin taking Interferon for Hep C and throw up 45 lbs, in 4 wks., also start having hallucinations. 3). Doctor says I must go on disability, which I fought doing for 2 years. 4) Child support issues continue. Now Capital One is buying our groceries. 'Our' is my son and myself. 5) Always was so healthy, now, ever sicker and sicker. 6) In ten years I have been hospitalized 26 times and grown to despise myself for being such a 'failure'. 7) A new day, a new disease. Now on home oxygen which I* know means that I will most likely die soon. 8) Checked bank balance today - when disability payments are $841 for me and $481 for my son, it's hard not to watch ones money like a hawk. I thought that the negative balance of almost $3000 was a mistake, but actually, it was yep, Rubin and Rothman.

I had let them know after their "win by default" that I had not appeared in court due to just returning home after a month in the hospital. The person I spoke with could not, at that time access my file. Call back. I could barely remember anything, so of course, I forgot.

I have learned things though this experience that I have tried to pretend didn't exist, for years. Dorothy is not in Kansas, and Alice never returned from down the rabbit hole - they're most likely road kill on the way to hell. And that "Do unto others before they do unto you", well, I guess it's not just cynical thinking, as I always believed.

There is one belief that is very strong in me, and I will pretend, if I must, that it's valid until the...never mind. Many of us share the only mantra that seems to make sense: WHAT GOES AROUND, COMES AROUND.

Jeanne
Pelham, New York
U.S.A.

1 Updates & Rebuttals


Steve

Bradenton,
Florida,
U.S.A.

Jeanne, You may be able to get your money back!

#2Consumer Suggestion

Wed, August 08, 2007

Jeanne,

Disability income is EXEMPT from garnishment. If you can show your only source of income was disability, you can file a motion to vacate the garnishment order and refund your money.

And, if you were not first NOTIFIED and sued, the judgement and garnishment are illegal. Nobody can just garnish your income or bank account without FIRST suing you and winning.

You need to get every piece of paper filed with the courts and your bank on this and see where they engaged in fraud. I can already tell you what most likely happened, it is called "sewer service". They knowingly served an invalid address for you so that they knew you would not respond. Then they quickly move for the default judgement and subsequent garnishment.

This firm has a history of doing this.

You need to file BAR ASSOCIATION complaints against all lawyers involved and also file complaints online with the FTC.

Keep in mind that you were required to respond to the summons if you did recieve one, regardless of your medical condition. It's unfortunate, but it is the law. That is what power of attorney is for. If you know you may be sick and/or incapacitated, you may want to prepare a power of attorney for someone to act on your behalf when you cannot.

Get a lawyer right away, even if it is legal aid. Contact Bud Hibbs as he might be able to point you in the right direction.

Good luck.

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