Rubin & Rothman making unreasonable demands Islandia New York

Hi Janet. It sounds like you have done some harm already by talking to these Long Island scumbags. It doesn't matter if it's a law firm or collection agency. Their first letter gives you a paragraph allowing you 30 days to dispute and demand validation per FDCPA law from date of the letter. If you send validation after the 30 days, it's pretty pointless because the firm is no longer obligated to validate the account with the creditor and collection efforts can continue. The FDCPA and demand for validation only protects the debtor if done within the first 30 days from initial dunning letter. Collection efforts must cease if validation letter is received before the 30 days and can't continue until they send the debtor the requested paperwork to validate. For anyone in this predicament when receiving an initial letter from R and R, demand validation and ALWAYS send it certified mail return receipt requested. That way, you keep the green card for your records in case they "claim they never received your validation request."
Secondly, never talk to ANY collections law firm. Acknowledging the debt in any way can be used against you if and when they request a summons with your local court.
I assume the "some guy who came to my home" was a process server???? Have you been served? If so, requesting validation is useless. You need to answer the summons by denying everything (the burden of proof is on them, not you). File a sworn denial and have it notorized at the courthouse who served you. SWORN DENIAL is a simple typed statement that states "I deny this is my debt and if it is my debt I deny that it is still a valid debt and if it is a valid debt, I deny the amount of the claim is for the correct amount." Do not sign anything until you have a clerk to notorize.This notorized form you give to the clerk and forward to R and R attorney means that the plaintiffs sworn affidavit is no longer admissable and a live witness on behalf of the creditor needs to appear in person. Make sure you do this before the 20-30 days of your summons answer expires depending on your jurisdiction. Now the fun part. File a motion for discovery and production of documents.
How old is this Capital One card? Is the creditor still Cap One or has it changed hands from Junk Debt Buyer to Junk debt buyer? The statute of limitations in NY State is 6 years for credit card debt so if this was last paid before 1-9-03, it is an affirmative defense and the case is automatically dismissed. You can countersue the plaintiff for acting in bad faith by wasting the courts time of filing a claim on an out of stats debt. If the debt is less than 6 years since last payment, here's what you do with discovery demands. I'm not an attorney either, just someone who's personally won money from these agencies for violating my FDCPA rights.
1) Demand you have itemized accounting from capital one and every junk buyer who bought this account. (every statement from beginning to end)
2) Demand production of original contract from capital one and authentic paper work from every junk debt buyer. Remember, if the junk debt buyer now owns the original cap one account, you never signed a contract with the junk debt buyer. Attack the chain of custody because chances are very good that the junk debt buyers have sloppy to no record of authentic paperwork. Without authentic itemization of the debt from beginning to end over the life of the debt, it's hearsay and your case is dismissed.
3) Demand an accountant for every junk debt buyer and cap one (original creditor) to appear and testify under oath on your discovery demands. If you can make the plaintiffs attorney rack up thousands in searching for years of authentic paperwork and flying in live witnesses for every creditor that has owned this debt, you will frustrate them to the point that they may offer you a very low settlement in the pretrial room where discovery takes place or they'll say your demands can't be authenticated from start to finish and they will drop the suit.
Ask these questions in discovery paperwork the clerk sends to R and R.
a) To each creditor.
1) How long has your live witness been handling the accounting for your company?
2) Were you aware of Janet ____'s capital one card at the time you owned this credit card?
3) What were the exact dates you owned and sold this alleged capital one card?
4) Because you are not the original creditor, what did you purchase this this debt for from the previous creditor? (examples: Junk Debt Buyers usually 2 to 20 cents on the dollar so $3700 may of been purchased for anywhere between $74 to $740)
5) Since you purchased this debt at a greatly reduced amount than $3700, explain your claim that the defendant owes $3700 on this alleged debt? The defendant (junk debt buyer) has no contract with your firm to support $3700.
There are many more questions you can ask. Make sure you attack the witnesses credibility and try to break the chain of custody from being passed from creditor to creditor. Good luck!