Sued by Rubin & Rothman (Equable Ascent Financial)

[GreenBean]

Hello Forum Members,

I stumbled across this website while searching Google for assistance. On Sat. March 17, 2012 I was served a summons. I have Googled and read every bit of information I could find, studied all the "sticky" threads in his forum and located the Rules of Civil Procedure (City Courts, Buffalo, NY). I only have 10 days to respond and I would like to have my Answer complete and filed by midweek.

I am kindly asking for assistance in preparing my Answer. I have included all infromation in the questions below as well as the information on both pages of the Summons.

1. Who is the named plaintiff in the suit? Equable Ascent Financial LLC

2. What is the name of the law firm handling the suit? Rubin & Rothman LLC

3. How much are you being sued for? $5023.91

4. Who is the original creditor? (if not the Plaintiff) Chase (WAMU)

5. How do you know you are being sued? (You were served, right?) served summons by process server on 3-17-12

6. How were you served? (Mail, In person, Notice on door) in person

7. Was the service legal as required by your state? yes

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued? None that I can recall

9. What state and county do you live in? Buffalo, NY (Erie County)

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) July 2010

11. What is the SOL on the debt? 6 yrs

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Complaint Filed - suit served

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) no

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. no

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? The Summons states I have 10 days. It states I do not physically have to go to court to serve an Answer but I plan to file my Answer with the County Clerk AND mail the firm a copy.

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? Nothing attached to the 2 page Summons

Page 1 is the typical information of a Summons (plantiff, defendant info)

Page 2:

As And For A First Cause of Action:

1. Defendant(s) reside in the county in which this action is brought; or transacted business in the county in which this action is brought in person or through an agent, and this cause of action arose out of said transaction. The NYC Department of Consumer Affairs has issued license No. 1347396 to Plantiff.

2. Plaintiff is a foreign limited liability company

3. Defendant used a credit card issued by plantiff's assignor, CHASE BANK USA, N.A. (WAMU) and agreed to make payments for goods and services charged and/or cash advances made upon such card.

4. Defendants(s) failed to make the payments due pursuant to such agreement and <insert amount here> is now due and owing to plaintiff from defendant(s) together with interest on <insert amount here> from 11/15/11 at the rate of 9% per annum.

AS AND FOR A SECOND CAUSE OF ACTION

5. Defendant(s) accepted statements sent by plaintiff or plaintiff's assignor without objection.

6. By reason thereof, an account was stated by plaintiff or plaintiff's assignor to defendant in the said amount.

Wherefore, plaintiff rquests judgement against defendant(s) in the sum of 50xx.xx from 11/15/11 at the rate of 9% per annum and the costs and disbursements of this action.

Thank you for any guidance and assistance! This forum is wonderful!

[racecar]

Rubin & Rothman , LLC have filled at least 23,733 consumer credit transaction law suits across New York State so far for the calendar year 2009. All with the same “boiler plate “ summons and complaint with no other documentation , with fill in the blank such as ……

________ Bank (USA), N.A.

vs.

CONSUMER / ALLEGED DEBTOR

Plaintiff, by its attorneys, complaining of the defendant, alleges:

AS AND FOR A FIRST CAUSE OF ACTION

1. Defendant resides in the county in which this action is brought, or transacted business in the county in which this action is brought in person or through an agent , or this cause of action arose out said transaction. Plaintiff is not required to be licensed by the NYC Dept of Consumer Affairs because it is a passive debt buyer or the original creditor.

2. Plaintiff is a national banking association.

3. Defendant used a credit card issued by plaintiff and agreed to make payments for goods and services charged and / or cash advances made upon such card .

4. Defendant failed to make the payments due pursuant to such agreement, and $________ is now due and owing to plaintiff together with interest on $_______from XX/XX/XX at ____% per annum.

AS AND FOR A SECOND CAUSE OF ACTION

5. Defendant accepted plaintiff's statements without objection.

6. By reason thereof, an account was stated between plaintiff and defendant in the aforesaid amount.

Wherefore, plaintiff demands judgment against defendant in the sum of $_______is now due and owing to plaintiff together with interest on $______ from XX/XX/XX at ______% per annum and the cost and disbursements of this action.

Deponent is an attorney associated with Rubin & Rothman , LLC. To the best of Deponent’s knowledge , information and belief , formed after an inquiry reasonable under the circumstances , the summons and complaint or the contentions therein are not frivolus as defined in section 130-1.-( c ) of the rules of the chief adm. And the matter was not obtained through illegal conduct or in violation of 22 NYCRR 1200.41-a ( DR 7 - 1111 )

We are attempting to collect a debt. Any information will be used for that purpose. This communication is from a debt collector.

Edited March 19, 2012 by racecar

[racecar]

Rubin & Rothman, llc

ATTORNEYS AT LAW

1787 VETERANS HIGHWAY SUITE 32

P.O. BOX 9003

ISLANDIA, NY. 11749

TEL (631) 234-1500

FAX (631) 234-1138

NYC DCA LIC. 1249720

** USE 1-877-207-9976 **

_______, 2009

#__________-#

JOSEPH RUBIN 1927-1994

KEITH H. ROTHMAN

KATHRYN N. ANDREOLL

MARKBRAVERMAN

SHARI. BRAVERMAN

JOSEPH LATONA

SUBY MATHEW

ERICS. PILLISCHER

SCOTT H. RUMPH

ANGELO L. SIRAGUSA

VALERIE E. WATTS

DIANA K. ZOLLNER

MEMBER N.Y. BAR

MEMBER N.J. BAR

REPLY TO N.Y. OFFICE

REPLY TO N.J. OFFICE

CREDITOR

AMOUNT OF DEBT

OUR FILE NO

Dear Sir/Madam,

CAPITAL ONE BANK

$________

(USA)

N.A.

As of the date of this letter, the creditor has a claim against you in

the above amount. We must ask you to contact us to discuss payment in

full of the debt or a payment arrangement.

UNLESS YOU DISPUTE THE VALIDITY OF THE DEBT, OR ANY PORTION THEREOF,

WITHIN 30 DAYS AFTER YOUR RECEIPT OF THIS LETTER, WE WILL ASSUME

THE DEBT TO BE VALID. IF YOU NOTIFY US IN WRITING WITHIN THE 30 DAY

PERIOD THAT THE DEBT, OR ANY PORTION THEREOF, IS DISPUTED, WE WILL

OBTAIN VERIFICATION OF THE DEBT OR A COPY OF A JUDGMENT AGAINST YOU

AND MAIL A COPY OF SUCH VERIFICATION TO YOU. UPON YOUR WRITTEN

REQUEST WITHIN THE 30 DAY PERIOD, WE WILL PROVIDE YOU WITH THE NAME

AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM THE CURRENT

CREDITOR.

All checks should be sent to P.O. Box 550, Islandia, New York 11749,

payable to Rubin and Rothman, and refer to our file number.

In addition to personal checks, we accept WESTERN UNION and electronic

(ACH) payments. Some clients - but not all - also accept MASTERCARD,

VISA, DISCOVER and AMERICAN EXPRESS. You can make electronic payments

from your bank account by calling 1-866-826-2576 or credit card

payments by calling 1-866-294-0331, on-line at RRLLC189.com or by

calling us during office hours.

WE ARE ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE

USED FOR THAT PURPOSE. THIS COMMUNICATION IS FROM A DEBT COLLECTOR.

AT THIS TIME, NO ATTORNEY WITH THIS FIRM HAS PERSONALLY REVIEWED THE

PARTICULAR CIRCUMSTANCES OF YOUR ACCOUNT.

RUBIN & ROTHMAN, LLC

[GreenBean]

Hi Racecar,

Yes, I've read all about this law firm. I also live in a "hotbed" of the debt collection industry (buffalo, ny).

The Summons I received (posted in my initial thread) is rather generic and I do plan to fight this. I am seeking assistance in crafting my Answer.

I will begin to craft one and post for tweaking.

Thanks!

GreenBean

[racecar]

. Account Stated

An account stated is an agreed balance between the parties.It may be “defined,

broadly, as an agreement, express or implied, between the parties to an account based upon prior

transactions between them, with respect to the correctness of the separate items composing the

account, and the balance, if any, in favor of the one or the other.”

As a general rule where an account is made up and rendered, he who receives it is

bound to examine the same or to procure someone to examine it for him. If he

admits it to be correct it becomes a stated account and is binding on both parties.

If instead of an express admission of the correctness of the account, the party

receiving it keeps the same by him and makes no objection within a reasonable

time, his silence will be construed into an acquiescence in its justness, and he will

be bound by it as if it were a stated account. An account stated is conclusive upon

the parties unless fraud, mistake, or other equitable considerations are shown

Minskoff v. American Express Travel Related Servs. Co., 98 F.3d 703 (2d Cir. 1996); see also Transamerica Ins. Co. v.

Standard Oil Co. (Indiana), 325 N.W.2d 210, 215 (N.D. 1982).

3215 U.S.C. § 1692g.

3315 U.S.C. § 1692g (. The validation notice will be discussed in detail in another White Paper in the NARCA White Paper

Series on Consumer Debt.

34Holt v. Western Farm Services, Inc., 19 Ariz.App. 355, 507 P.2d 674, 677 (Ariz.App. 1973).

35 nd

R.A. Associates v Lerner, 265 A.D.2d 541, 697 N.Y.S.2d 161

which make it improper to be enforced.36

A mere statement of a balance due including a monthly credit card account statement, if

accepted, is enough to constitute an account stated.37 An account stated arose “between the

issuer of a credit card and cardholders when the issuer sent monthly statements of account

transactions to cardholders and no objections were made.”38 Once accepted, the statement

becomes a new contract.

It is well settled that a claim for an account stated is independent of the original

obligation. By its submission of unrefuted evidence of having mailed statements

of account to defendant, which statements were retained without objection for a

reasonable period of time, plaintiff established its entitlement to summary

judgment on its claim for an account stated.

Causes of action based upon accounts stated may be entered as default judgments in the

Civil Court of the City of New York so long as they satisfy the following:40

A summons and complaint which qualifies for entry following CPLR § 3215,

where the cause of action is for an account stated, may be entered by the clerk

under the following conditions:

1. The affidavit of facts or verified complaint includes a statement indicating

that an accounting was delivered or mailed to the creditor and the date of

the delivery or mailing.

2. The affidavit of facts or verified complaint also includes a statement that

the accounting has been retained and that no objection to it has been made.

In cases in which the defendant opposed a motion for summary judgment by alleging in a

conclusory fashion that payments were not properly credited or that he questioned certain

36Rodkinson v. Haecker, 248 N.Y. 480, 485 (1928). See also, Philips v. Belden, 2 Edw.Ch.Rep. 1, 13-14 (1833).

37Citibank (South Dakota), N.A. v. Runfola, 283 A.D.2d 1016, 725 N.Y.S.2d 246 (4 Dep’t, 2001), See also Citibank (South

Dakota), N.A. v, Currea, 2006 WL 1229919 (Conn. Super 2006).

38Citibank (South Dakota) N.A. v. Poynton, 187 Misc. 2d 397, 723 N.Y.S.2d 327 (App. Term 2000).

39

Discover Bank v. Anderson, No. 2007-178 QC (NY App. Term 2008). [internal citations omitted]

40See Directive and Procedures 158, Entry of Judgment - Account Stated, Hon. Fern Fisher-Brandveen, Administrative Judge of

the Civil Court of the City of New York, July 27, 2001.

charges, plaintiffs’ applications were granted.

The evidence, fairly interpreted, supports plaintiff's recovery of the credit card

debt under the theory of account stated, since defendant did not object within a

reasonable time to the itemized credit card statements. (internal citations

omitted) Defendant's argument that plaintiff was required to submit a signed

credit card application in order to establish its claim based on an account stated is

without merit. 41

"Defendant's opposition merely asserts he questioned several charges without giving

details. His silence is an admission."42 If the consumer fails to object within a reasonable time

do so, an account stated may be found.43

7. Real Party in Interest

A creditor which sues a consumer to collect a debt must be the real party in interest. This

means that the creditor is the party to whom the consumer owes the debt. The proof of the real

party in interest is straightforward if that party is the original creditor. It is sometimes disputed

in cases in which a third party purchased the consumer’s account and then seeks to collect it.

The Federal Rules of Civil Procedure (“Fed.R.Evid.”) Rule 17(a) states that “every action

shall be prosecuted in the name of the real party in interest.” The effect of this passage is that

the action must be brought by the person who, according to the governing substantive law, is

entitled to enforce the right.44 One for whose benefit a contract between other parties has been made is a real party in interest and may sue the obligated contracting party.

41 st Citibank (S.D.), N.A. v Leon , 2009 NY Slip Op 52642(U) (App.Term. 1 Dept. December 29, 2009).

42National Westminster Bank USA v. Seidler, 1984-6547 (Dist. Ct. Nassau Cnty. 1984).

43

Interman Indus. Products, Ltd. v. R.S.M. Electron Power, Inc., 371 N.Y.S.2d 675, 332 N.E.2d 859 (1975).

44See Richards v. Reed, 611 F.2d 545 (5th Cir. 1980); Simpson v. Providence Washington Ins. Group, 608 F.2d 1171, 1173 n.2

(9th Cir. 1979).

45State Secs. Co. v. Federated Mut. Implement & Hardware Ins. Co., 204 F.Supp. 207 (D.C.Neb.1960), affirmed per curiam, 308

F.2d 452 (8th Cir. 1962).

http://www.ftc.gov/os/comments/debtcollectroundtable3/545921-00017.pdf

Edited March 19, 2012 by racecar

[racecar]

1). NEVER admit to any thing !!.

The Constitution of the United States of America places the burden of proof on the claimant ( Plaintiff ).The Constitution, further, protects any one against self incrimination. that's why many lawyers advice their clients to take advantage of the Constitutional protection, by claiming the 5th.

You are NOT in Court to prove your innocence, as that is a Constitutional RIGHT !!. Rather, you should uphold the Plaintiff to the obligation of proving your guilt !!. Do NOT be apologetic about not admitting to any thing. It is your RIGHT NOT to self incriminate, and it is you RIGHT to challenge the claims of a claimant, and to force the Plaintiff to prove your guilt.

Many people admit to owing money, hence give the upper hand to the Plaintiff, when they should NOT. Let the Plaintiff earn it. Make no mistake that the Plaintiff is after your money, and will try to get a Judgement against you, at any cost. Let the Plaintiff earn it. There is nothing immoral about NOT admitting your guilt, as you are protected against self incrimination by the Constitution !!.

One thing should be crystal clear in your mind : You are in Court to uphold the Plaintiff to the Constitutional obligation of proving your guilt, and that you are NOT there to prove your innocence.

Your stand should be: " I absolutely dispute your claim of indebtedness, in its entirety .I do NOT recall owing you any thing, nor recall signing or appropriating any benefit from you".

You are NOT denying, but rather NOT recalling, and you are NOT committing a crime by NOT recalling you owe any thing. The objective here is to FORCE the Plaintiff to validate and prove your guilt. They detest that, as proving someone's guilt is expensive and takes time and effort, which they hate and less likely pursue a debtor who is defiant.

2). When answering the Summons, your response should be; "I dispute the claim of the Plaintiff in its entirety !! ".

By disputing the claim of indebtedness in its entirety, you are forcing the Plaintiff to live up to his/her Constitutional obligation to prove your guilt.

Do not give the Plaintiff any freebie .Let the Plaintiff earn it and satisfy the burden of proof, chances are the Plaintiff will fail to satisfy that burden of proof. Most of the Plaintiffs win because of the fact that a Debtor has admitted to his/her guilt !!!.

If asked what is it that you are disputing?. Tell them: You are disputing the followings:

a). The existence of a contractual obligation to pay.

. The RIGHT of the Plaintiff or its assignee to bring lawsuit against you.

c). The amount allegedly owed.

d). The RIGHT of the Plaintiff to collect on the alleged debt.

e). The transferability of the alleged original contract

[GreenBean]

Racecar,

Thank you for providing information. I am unsure how this pertains to me answering the Summons. I have read just about everything I can find about Rubin and Rothman and it appears they use bullying tactics with the hopes the defendant will scare easily and accept a judgement without a fight.

I know to deny each claim in the Summons. I guess I just need a bit of assistance with the wording. There is a generic form I have to fill out to file an Answer but I will be attaching a point by point denial to the court and the law firm.

Thanks.

[GreenBean]

Hi Again Racecar,

It seems we cross posted. Yes, I know to admit nothing and force this firm to prove what they are alleging.

I will not be bullied or tolerate any scare tactics by this firm. I was very upset when I got this Summons but decided to empower myself and find out what I needed to do.

I'm hoping they will fold once they see I will not just roll over but want to be a few steps ahead of the process in case they opt to pursue this matter.

Thanks!

[racecar]

Chase Bank USA, N.A. v Gergis :: June, 2011 :: New York Other Courts Decisions :: New York Case Law :: US Case Law :: US Law :: Justia

[Guest usctrojanalum]

Admit the allegations that are true, deny the ones that are false and list a few affirmative defenses. don't go too crazy on the contents of the answer in the grand scheme of things it is not important, these cases are not won on the initial pleadings alone.

[GreenBean]

I plan to deny everything. My questions are as follows:

For #1 (see initial post) it seems I would admit I do live in the county but deny that any transacted business took place.

Then deny all other line items.

I guess I am unsure what affirmative defenses to use or rather how to insert them in my Answer. Nothing was attached to the 2 page summons (account numbers or ANY information or proof).

I'm sorry to ask such elementary questions, I know the forum is flooded with them every day. I have read non stop but still feel a bit confused on how best to answer.

Thanks.

[legaleagle]

As And For A First Cause of Action:

1. Defendant(s) reside in the county in which this action is brought; or transacted business in the county in which this action is brought in person or through an agent, and this cause of action arose out of said transaction. The NYC Department of Consumer Affairs has issued license No. 1347396 to Plantiff.

Admitted in part to the extent that Defendant(s) reside in the county in which this action is brought. The remainder is vague and Defendant therefore denies. Defendant has no clue as to the status of Plaintiff's license.

2. Plaintiff is a foreign limited liability company

Defendant has no clue as to the corporate status of the Plaintiff.

3. Defendant used a credit card issued by plantiff's assignor, CHASE BANK USA, N.A. (WAMU) and agreed to make payments for goods and services charged and/or cash advances made upon such card.

Denied to the extent that no such card was identified in the complaint, nor any information attached that would allow Defendant to make any other response.

4. Defendants(s) failed to make the payments due pursuant to such agreement and <insert amount here> is now due and owing to plaintiff from defendant(s) together with interest on <insert amount here> from 11/15/11 at the rate of 9% per annum.

Denied. Defendant owes the Plaintiff nothing.

AS AND FOR A SECOND CAUSE OF ACTION

5. Defendant(s) accepted statements sent by plaintiff or plaintiff's assignor without objection.

Denied. No such statements were attached to the complaint.

6. By reason thereof, an account was stated by plaintiff or plaintiff's assignor to defendant in the said amount.

Denied. No such account has been established to exist by admissible evidence.

Wherefore, plaintiff rquests judgement against defendant(s) in the sum of 50xx.xx from 11/15/11 at the rate of 9% per annum and the costs and disbursements of this action.

Thank you for any guidance and assistance! This forum is wonderful!

[GreenBean]

Thank you, legaleagle! I REALLY appreciate it! Your post will give me confidence to formally write up my Answer and file it with the court and send to the law firm.

I am guessing I should use wording more formal than "have no clue", right? I guess I am fearful to sound too casual. Or maybe that is not something I need to worry about and I am just fretting about everything simply because this is new territory for me.

Thank you again for your time. I know this forum is always busy with newbies seeking help.

[racecar]

Make three copies file one with the court, one for yourself,send one certified return receipt for plaintiff.

[GreenBean]

Thanks for the tip, racecar! I plan to make about 25 copies, lol!

As I understand the procedure my Answer must be notarized. I assume there will be a notary at the courthouse. If there isn't there are places close to the courthouse I can go that should have a notary. It also seems that I have to file with the court a form that I have mailed the law firm my Answer.

I plan to do all of this Wednesday, well within the 10 days. I will post my complete Answer before I file.

I know this is all just procedure and I have the right to force the firm to prove their case but I feel terribly nervous. I am grateful for the support and information in this forum!

[Guest usctrojanalum]

You can make your answer 1 page.

Defendant admits the allegations in paragraph 1 insomuch as that the defendant is a resident of Erie County. The defendant denies the rest of the allegations in paragraph 1.

The Defendant denies each and every other allegation made in paragraphs 2, 3, 4, 5 and 6.

As for affirmative defenses

(List affirmative defenses here)

Sign, notarize. If you need a notary - typically most banks have one employed.

[racecar]

..

Edited March 19, 2012 by racecar

[GreenBean]

4. Plaintiffs complaint is barred by statute of limitations. On information and belief, plaintiffs are governed by Delaware choice of law provision.

I don't think this would apply to my case. My last payment was in July of 2010 and as I understand it, the Delaware law is three years.

Am I undersanding this correctly?

Thanks!

[GreenBean]

Racecar - your post is gone! I had not yet copied it for my files.

[racecar]

..

Edited March 19, 2012 by racecar

[GreenBean]

I will make sure the format is correct. I have MS Word and will post my entire Answer before I file for one final critique! Thanks bunches (to all!) for the help! I am feeling more calm and less terrified!

[racecar]

good luck with your case dont be terrified study the rules of your court and the information you turn in.i sent you a message.

Edited March 19, 2012 by racecar

[GreenBean]

I still felt unsure/unsettled about a few things and I am glad I took a few hours this afternoon to do some more research and re-read a few things.

While I understand I am new here I'd like to respectfully request any posts on my thread remain. The point of this forum (as I see it) is a collaborative exchange of information, experiences and ideas. Posting then deleting suppresses the opportunity to collaborate and potentially the info posted could be wrong (or not totally right or the best) and discussion is important. I know it's my responsibility to choose what advice I take but having experienced posters be able to see all the info posted is important to me and my process for this matter.

It seems there is a big debate about including Affirmative Defenses or not. I learned today that in NY if you DONT include them in your Answer you are out of luck for both the initial proceedings and an appeal. Therefore STANDING must be listed as an affirmative defense in the Answer or it is waived.

It also seems many people include Affirmative Defenses that essentially have zero (or close to zero) legal merit inlcuding incorrect SOL and fraud defenses.

I have studied sample cases, informational packets and everything in between for NY and it seems the Affirmative Defenses are as follows:

Improper Service (does not apply to me)

Standing (will include)

ID Theft (does not apply)

SOL (does not apply for NY SOL or Delaware Provisions)

Only an Authorized User of Credit Card (does not apply)

Payment Made (does not apply)

Dispute Amount of Debt (unsure if this applies to me, it seems if I disupute the amount I am admitting in a aroundabout way I know the debt exists)

Plaintiff Not a Lisc Debt collector (does not apply, lisc # listed in Summons)

Bankruptcy (does not apply)

It seeems simple is best when it comes to Affirmative Defenses. Seeing how I MUST include what defenses I want to use in my Answer what is the general opinion? Is only raising the standing issue as a single affirmative defense enough? Remember, in NY it must be in the Answer.

Thanks!

Edited March 19, 2012 by GreenBean

[BV80]

Lack of standing is the biggie when it comes to JDB lawsuits. Standing to sue means you've suffered an "injury" and have the right to be compensated. If someone owes you money but doesn't pay, you've suffered an injury.

Assignees step into the shoes of the creditor with all the rights afforded the original creditor. That's why they can sue. However, if they can't prove they bought the account, they can't prove they own it and have stepped into the shoes of the OC. Therefore, they haven't suffered an injury and have no standing to sue.

[GreenBean]

Thanks, BV. I think I have a decent understanding - I just need to get my Answer finished. Would like to file it tomorrow or Thursday so I am well within the 10 day limit to respond. I go back and forth between feeling confident and feeling like I'm making nothing but mistakes and really setting myself up for trouble.

Out of curiosity I looked at the online court records today. Rubin & Rothman have filed well over 19,000 lawsuits in my county since Jan 2012. The majority of them are for Ford Motor Credit, Citibank, Cap 1, Midland, a local teachers credit union and a small handful of Equable Ascent Financial (mine).

I was relieved to see that a very, very, very small amount of defendants had an attorney and everybody else was self representing. All you can see on the site is if the case is active or closed. Almost all are still active. I was shocked that the very few that have judge assignments don't have trial dates until the spring/summer of 2013. That is well over a year away. Oddly enough, most of the cases with trial dates are the ones that have legal counsel and are not self representing. I was also shocked that some cases that started in 2004 were just closed out (can't see the outcome online) just last year. I can't imagine a debt case taking 7 years in a city court.

I know I am being a terrified pest but I will post my Answer when it's done.