Complaint Review: Midland Funding DBA In NY As Midland Funding Of Delaware LLC - San Diego California

on 07-07-2008 I went on line to transfer money from my savings to my checking account to pay my rent, when I got to my accounts pages, I noticed my checking account was over drawn by $12,179.00 and my savings $11,033.00 I contacted my bank and asked if this was a mistake, I was told there was a lien placed on my account, and they had no other information, I was given a number to call.

I contacted my banks legal dept. and was informed that a lien was placed on my accounts by the State of New York, that a judgment was entered against me. I was given the law firms name, address and phone number, I contacted the slimeball law firm of Rubin & Rothman, LLC of Islandia NY. I was informed by them that they had sued me back in March 2008, and had a judgment against me in the amount of $6,320.04.

I informed them that this was news to me because I never recieved any notices what so ever from anyone. I was told they mailed me a summons, and they also personally served me a summons at my home. when I asked who midland funding was, I was told they were the ones suing me on behalf of the original debtor who was Providian Bank. I informed Rubin & Rothman, that I would be going to court to file for an order to show cause to have the judgment vacated, and case restored to the calendar.

when I filed for the order to show cause, I asked for copies of all documents pertaining to this case. when I read the affidavit of service, I knew it was an out and out lie the process server sworn at 7:43 am on March 08, 2008 (which I believe is 17 minutes before the time allowed by law to serve a summons) he served a Jane Smith co-tenant the papers he further gave this description of the woman as being "Female" "white" "black hair" age "55" HT "5' 6" WT 150lbs only problem is, I live alone, I do not have a girlfriend, or wife, I do not have a co-tenant, (I can prove this and will) he further stated he spoke to her asking if I was in the military, but failed to ask her name.

I have since filed a complaint with NYC Dept. of Consumer Affairs who license's these process servers, this document is a perjured document, thier case and judgment is invalid because of this, yet knowing how corrupt the Staten Island Court system is they will not dismiss this case yet let it stand as they have done before. I was contacted by Rubin & Rothman, LLC a couple of days later asking me to work out a settlement, I refused, and informed them the service was invalid and perjured, the lawyer ignored what I said and stated well, we also mailed you a summons, I informed him I never recieved any thing from the courts, or Rubin & Rothman, I also told him I was going to file for a order to show cause, he stated fine, I also told him that the amount was incorrect, and that providian no longer owned this debt, that 6-7 yrs ago my card was in good standing till I recieved a notice from providian giving me two choices, I could close my account and pay it off, or stay with providian, and they would raise my interest and finance rate to something like 25% I decided to keep my account, as promised they raised my rates, a couple of months later they closed my account, the lawyer asked me to send him a copy of the letter that providian sent me, when I told him I no longer had it because it was from 6-7 yrs ago, he stated well that's to bad. this account was closed back in 2002, or 2003, which I believe makes it long past the statutue of limitations for NY which I believe is 3 yrs for them to sue me.

again knowing how corrupt, bias, and incompentant the Staten Island Court system is, this case will not be thrown out or dimissed, yet I will be forced to settle with Midland funding for the full amount that they are not entitled to, they purchased this debt at a debt sale for pennies on the dollar and are suing for more then they are entitled to. I will be filing a complaint against Rubin & Rothman with the Grievance Committee for knowingly going into court with a perjured document. If the judge does not do as he has failed to do in the past then I will be filing a compliant against him with Judicial Conduct

James b

Staten Island, New York

U.S.A.