Rubin & Rothman are extortionists, without honor or shame. ripoff Islandia New York
Rubin & Rothman are legal terrorists, without honor or shame.
My wife owed about $1,800, including interest, on a bad Capital One credit card from before our marriage. In December 2005, after Rubin & Rothman got judgment against her, they entered into an agreement where we had to pay $300 down and $100 for the next six months, with the monthly payment to be renegotiated at that point.
This was not done calmly. Rubin & Rothman's first representative screamed over the phone at my wife, repeatedly threatened to "destroy" her, told my wife that she -- the rep -- owned a nice house in the Hamptons and paid her bills promptly, and that she should NEVER BE CONSIDERED A BILL COLLECTOR.
We thought of making a complaint against Rubin & Rothman's tactics, to the point where I even had a letter written to the local bar association, but we decided not to rock the boat. It was a decision I regreted.
We made the payments on time and after $900 had been paid Rubin & Rothman wanted to raise the monthly payment to $150 but settled for $125. So, for the next five months, $125 was paid.
That's a total of $1,625 after one year.
So, I checked my bank account yesterday by automated phone and learned that Rubin & Rothman FROZE MY ACCOUNT with a legal restraint because they wanted to make sure they got their December payment in time. There was no notice, no warning, nothing.
And they did not freeze it for the amount they claimed is still due $500, but for the $1,229 originally listed in the judgment. By law, my bank had to double it -- so I now was in the hole $2,500.
Mind you, we HAVE NOT MISSED A PAYMENT. It might be in a week later than the agreed-on 20th of each month, at most, but not one was missed.
My wife talked to Rubin & Rothman today and the law firm said it would lift the legal restraint if my wife made the December payment of $137 today. Of course, it's a little hard to do this if the account is frozen, but Rubin & Rothman does not care.
We will find the money somehow to lift the freeze, but it burns me to think they would resort to this kind of tactic in order to ensure they get their monthly pound of flesh.
If they had only called and notified us they would do this, I would have made sure they got their payment immediately.
I don't understand this. You live up to the agreement, make every payment, show all the good faith in the world and they freeze your account one week before Christmas, just to make sure they get this month's payment.
It is horrible.
Distraught
Southern Tier, New York
U.S.A.
3 Updates & Rebuttals
J
Lakewood,Ohio,
U.S.A.
A court order must be filed to freeze an bank account
#4Consumer Suggestion
Fri, December 29, 2006
If a creditor freezes your bank account, they must have a court order and they must mail you a notice of your rights to appear in court and contest the freeze
there are some exemptions which are different from state to state:
but one is child support or maintenance needed for support of you or family
The courts would not have you and your family living out on the street, because you can't pay your rent because of this freeze
why didn't you when the freeze was lifted, leave a min. acount of money in this account and open an account at another bank or use cash and money orders until you get this fixed
you have a right to appear in court over this and from what your saying this attorney is abusing the system,
creditors can't take money or freeze your account because there is a restraining notice against your account the creditor MUST get a turnover order from a judge and to keep putting a freeze on your account, just because he's got a wild hair up his A$$. isn't allowed without cause,
its never to late to file a complaint with the NY bar,
you should contact legal aid in new york
if you have an agreement and it is written, and they are freezeing your account, before any payments are due, just to get the money or make sure they get there money, then i would let the judge know that entered the judgement and he should put a stop to this
Steve [Not A Lawyer]
Bradenton,Florida,
U.S.A.
Rob, this is exacly why you never deal with these parasites!
#4Consumer Suggestion
Wed, December 27, 2006
Distraught,
I hate to see what you went through, but it happens to many people. I can't see how they froze your account without getting a judgement against you. I would get copies of everything they used to "freeze" your account. They may be liable for damages to you.
And, I would certainly file a Bar association complaint aginst them for this obvious and blatant unethical behavior.
You mentioned that the "debt" was for an old credit card account. How old was it? What was the date of charge off? It may have been uncollectable due to SOL before you started paying these freaks.
This is why you should never speak to or respond to any third party debt collector. it will never do anything positive for you, and will almost always make things worse, as you have found out.
Ignore everything but the summons, then hammer them on validation. Just because they sue, does not mean they will ever see a dime!
I'm living proof of that.
Good luck.
Distraught
Southern Tier,New York,
U.S.A.
Update: 12/27/2006
#4Author of original report
Wed, December 27, 2006
It took two horrible days, but this was resolved ... with considerable pain.
First of all, Rubin & Rothman claimed they froze the account because of a late payment the previous month -- AND YET THEY LIFTED THE FREEZE IN EXCHANGE FOR EARLY PAYMENT ON THE DECEMBER INSTALLMENT!
It was a shakedown, pure and simple, in a month when some people miss payments due to holiday expenses. I am convinced Rubin & Rothman froze our account to ensure they would receive their December payment a week in advance.
When we discovered the frozen account, we contacted Rubin & rothman and learned that the account would be lifted if we made the December payment right away. We did so, but Rubin & Rothman did nothing ... my wife made eight phone calls that day and the next to Rubin & Rothman, asking them to send notice to our bank to unfreeze the account, but Rubin & Rothman would not return our phone calls, nor would they call the bank.
Finally, two days after we made a payment, they sent a notice to the bank, which immediately unfroze our account. Unfortunately, because Rubin & Rothman dragged its feet, one check for $16.83 to a local pharmacy came to the bank and automatically had to be returned ... meaning another two days for me to run around and make arrangements to cover the amount while trying to clean up our credit with the pharmacy.
I figure I'll be clear of Rubin & Rothman in three months, and it will be a relief beyond measure. After that point, I will do everything in my power to make sure this evil business is called to account for its actions.