We Defend You Against
Rubin & Rothman, LLC

We quickly stopped enforcement of a judgment obtained by Rubin & Rothman, LLC representing Equable Ascent Financial, LLC, where we argued that the underlying debt fell within the scope of the Chase-CPFB Consent Order. The Marshal involved was Henry Daly.

Rubin & Rothman sued our client on behalf of DaimlerChrysler and obtained a default judgment for a repossession deficiency. After suffering years of garnishments, and two pro se attempts at vacating default judgment, The Langel Firm vigorously attacked the judgment based on the glaring falsities of the affidavit of service. Among other misrepresentations we alleged was the process server's claim that the recipient of the summons and complaint was Caucasian, when in fact she is black. Rubin and Rothman folded and agreed to vacate the judgment and discontinue the case. The Langel Firm then sued the process server and the process serving company for fraud. DaimlerChrysler Financial v. D. H. 16716/06 (Supreme Court, Westchester County).

After a contentious traverse hearing, The Langel Firm disproved the possibility of valid service of a Rubin & Rothman lawsuit. The process server, as many do, alleged facts that were physically impossible. GE Money Bank v. M.B., # 60616/10 (Civil Court, New York County).

The Langel Firm can defend you, call (888) 271-7109.

RUBIN & ROTHMAN, LLC SANCTIONED $10K FOR BRINGING "FRIVOLOUS" LAWSUIT

After having been given three opportunities to produce an admissible chain of assignments at a court-ordered sanction hearing, Rubin & Rothman was fined $10,000 for filing a "frivolous" lawsuit. An attorney who signs a complaint in New York City certifies to the court that the lawsuit has merit after reasonable inquiry. Here, the court found, Rubin's signing was "disingenuous, misleading, and false." See the full blog entry here.

FEDERAL-COURT CASES

We brought legal action against Rubin & Rothman because its collector allegedly represented it could sue her without first verifying her written dispute letter. Any collection activity, including a collection lawsuit, violates the cessation provision of FDCPA § 1692g(b), we argued. We also argued that misstating the law to unrepresented person with interests in direct conflict violates New York attorney rules of ethics. The case is S. M. v. Rubin & Rothman, LLC, 12-CIV-0071 (EDNY 2012).

In K.S. v. Rubin & Rothman, LLC 12-CV-4854 (EDNY 2012), we took action against Rubin & Rothman for suing our client in an improper county and garnishing wages based on that defective lawsuit.

RUBIN & ROTHMAN LOSES TRIAL OVER VOICEMAILS MADE TO THIRD PARTY

After trial in this case, the court determined as a matter of law that Rubin & Rothman violated the FDCPA by leaving two voicemails on the debtor's mother's answering machine. Rubin & Rothman had no reason to do so, especially because 1) the debtor did not live with her mother; 2) the debtor never gave Rubin & Rothman her mother's phone number, or ever used it in connection with the underlying debt; 3) public records did not connect the debtor to her mother's address; and, 4) the debtor never authorized Rubin to talk to her mother. Clayson v. Rubin & Rothman, LLC, 08-civ-66A (WDNY, 2010).

Rubin & Rothman often represents National Collegiate Student Loan Trust.

More information to help with a wage garnishment:

• Receive a Notice of Garnishment? Here’s a Summary of New York Law
• How much of my wages can be garnished? Summary of New York Law
• Vacating a Default Judgment in New York: 8 Fine Points

Here is a list of New York City’s Marshals who enforce wage garnishments:

• City Marshal Ronald Moses
• City Marshal Bruce Kemp
• City Marshal Gregg E. Bienstock
• City Marshal Martin Bienstock
• City Marshal Henry Daly

Contact us to help you with this garnishment!