LIZ.TBUG Posted March 23, 2011 Report Share Posted March 23, 2011 hello all!!i received a summons from Rubin & Rothman who is representing Capital one an amount of 1000$.. I filed all the necessary paper work and denied the debt because Captial one does not own it anymore and R&R are just trying to clean me out. i filed a a demand for documents and all they sent me back are photo copied statements, when i really wanted the original signed agreement with social security # the works... i want to see SOLID AND STRICK PROOF that says that capital one is the ones really suing me. i believe that it is up to them to prove all of this, i also want a capital one employee as a witness to this debt...i dont think that this is too much to ask for seeing that they want to wipe me out because i heard they take way more than the judgement...i plan to go to court and fight this... is is possible that i can write my own demand for documentation stating exactly what i want to see and hand it in to the courts?any advice is welcomed Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted March 23, 2011 Report Share Posted March 23, 2011 You can ask for a signed application, but they will be required under no law to give it to you. And would not need it to prove their case against you. They just have to prove that you used the card, since use of the card is acceptance of it's terms. A lot of the Courts in NY do motions on a submission calendar so an employee from cap1 will provide an affidavit stating that you owe Cap1 the money. Link to comment Share on other sites More sharing options...
LIZ.TBUG Posted March 23, 2011 Author Report Share Posted March 23, 2011 i called cap1 and checked my credit report and they both say that they no longer own this debt. so how can this " law-firm" sue me? where is the proof? anyone can say "im capital one, here is some photocopied statements with your name on it, now pay me but now i want double!" i want them to prove it by any means.but thank you for your advice Link to comment Share on other sites More sharing options...
BV80 Posted March 23, 2011 Report Share Posted March 23, 2011 Who is named as the Plaintiff on the Complaint? Link to comment Share on other sites More sharing options...
LIZ.TBUG Posted March 23, 2011 Author Report Share Posted March 23, 2011 CAP1 but on the summons it reads " this communication is from a debt collector"i have also called Cap1 and they have said that they no longer own to debt. and if you google Rubin & Rothman you see all kinds of rip-off complaints including them using the cap1 name. Link to comment Share on other sites More sharing options...
BV80 Posted March 23, 2011 Report Share Posted March 23, 2011 (edited) CAP1 but on the summons it reads " this communication is from a debt collector"The reason that's on there is because the attorney is a debt collector under the definition of the FDCPA. The FDCPA applies to debt collection attorneys even if they are only representing a Plaintiff. is is possible that i can write my own demand for documentation stating exactly what i want to see and hand it in to the courts?Read your court's Rules of Civil Procedure. They will tell you if you can request discovery. If your court allows, you could send a request for Admissions, Request for Production of Documents, and Interrogatories.Was there an affidavit from a Cap1 employee with the Complaint? If so, see what your Rules of Civil Procedure say about subpoenas. It's possible you could subpeona that employee and question him/her in court. Edited March 23, 2011 by BV80 Link to comment Share on other sites More sharing options...
antiquedave Posted March 23, 2011 Report Share Posted March 23, 2011 It says this communication is from a debt collector on the summons? that doesn't sound right. Did you ever get a letter from them before the summons from the court?Have you verified that it is from the court? and I gotta ask what do you mean by required paperwork? If you get a summons and complaint you file an answer with the court but I'm not sure what you mean by required paperwork.The suit still has to be brought in the name of the party in interest, which is not Cap 1, did you record the call with Cap1 where they told you that they sold your debt? Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted March 23, 2011 Report Share Posted March 23, 2011 It says this communication is from a debt collector on the summons? that doesn't sound right.I have served for Rubin and Rothman before, and this is something they do. Link to comment Share on other sites More sharing options...
HoppinMad Posted March 23, 2011 Report Share Posted March 23, 2011 You can ask for a signed application, but they will be required under no law to give it to you. And would not need it to prove their case against you. They just have to prove that you used the card, since use of the card is acceptance of it's terms. A lot of the Courts in NY do motions on a submission calendar so an employee from cap1 will provide an affidavit stating that you owe Cap1 the money.Just curious how this proves YOU used the card. Don't statements just prove the card was used? Without signatures, how do they actually prove YOU used it? Link to comment Share on other sites More sharing options...
Linda7 Posted March 23, 2011 Report Share Posted March 23, 2011 For a debt that small . . . I'd play a trump card! File a motion to compel private arbitration as per the card agreement. Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted March 23, 2011 Report Share Posted March 23, 2011 Just curious how this proves YOU used the card. Don't statements just prove the card was used? Without signatures, how do they actually prove YOU used it?Well, if they had good documentation - they would have check/money order images that correlate with those statements. Link to comment Share on other sites More sharing options...
HoppinMad Posted March 23, 2011 Report Share Posted March 23, 2011 Well, if they had good documentation - they would have check/money order images that correlate with those statements.If CrapOne no longer owns it, it's been sold to a JDB. 99.99999% of the time, they have nothing more than a generic card agreement and maybe the last statement ftom the OC. Again, doesn't prove YOU used the card or made payments. And I can almost guarantee that a JDB does NOT have images of payments. They can't even get full accounting (from $0 - current $) with statements! Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted March 23, 2011 Report Share Posted March 23, 2011 We don't know that Cap1 no longer owns it. I don't believe R&R are suing under an OC's name for a JDB. Link to comment Share on other sites More sharing options...
HoppinMad Posted March 23, 2011 Report Share Posted March 23, 2011 CAP1 but on the summons it reads " this communication is from a debt collector"i have also called Cap1 and they have said that they no longer own to debt. and if you google Rubin & Rothman you see all kinds of rip-off complaints including them using the cap1 name.According to OP's call to them, they don't. Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted March 23, 2011 Report Share Posted March 23, 2011 Hey call me crazy, but I'd need just a little more proof than blindly trusting the OP's words. I question everything and try to think of every possible explanation when conflicting information pops up. Link to comment Share on other sites More sharing options...
Recommended Posts