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How to Settle Debt With Rubin & Rothman in Court

Chloe Meltzer | August 12, 2024

Chloe-Meltzer
Legal Expert
Chloe Meltzer, MA

Chloe Meltzer is an experienced content writer specializing in legal content creation. She holds a degree in English Literature from Arizona State University, complemented by a Master’s in Marketing from California Polytechnic State University-San Luis Obispo.

Edited by Hannah Locklear

Hannah Locklear
Editor at SoloSuit
Hannah Locklear, BA

Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.

Summary: How to settle debt with Rubin & Rothman in 3 steps: Respond to any pending lawsuits, make a realistic settlement offer, and get the agreement in writing. SoloSettle can help simplify the process.

Rubin & Rothman, LLC is a law firm out of New York that’s in the business of third-party debt collection. If Rubin & Rothman has reached out to you, don’t panic! You’ve got options, and settling your debt could be easier than finding a good parking spot in NYC. Let’s explore how you can navigate the debt settlement process.

Settle debt with Rubin & Rothman

You can negotiate debt settlement at any stage of the collections process. SoloSettle makes it easy.

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Who is Rubin & Rothman?

Rubin & Rothman is a debt collection law firm that represents creditors and debt buyers in debt collection lawsuits.

According to the Better Business Bureau, Rubin & Rothman was founded in 1960 but incorporated in 1999. With millions of dollars in yearly revenue, this is a huge organization. They have a team of over 100 attorneys, which means their staff is highly trained to handle any type of lawsuit.

Settle debt with Rubin & Rothman with these three steps

Debt settlement typically means negotiating with your creditor to settle the debt for less than the original amount. It's a good way to help consumers, who are facing financial hardship, save money and clear their name of the debt. On the flip side, it also helps creditors collect on the money that is owed to them. In essence, debt settlement can be the ideal outcome of a debt lawsuit for all parties involved, and Rubin & Rothman will work with consumers to help them settle debt with the plaintiff outside of court.

If you decide to settle the debt you will have one of two options: The first is a lump-sum payment, and the second is to choose regular monthly payments. Sometimes you will only be able to settle for less if it is in the form of a lump-sum payment. You may need to save up money overtime to make that happen. You can start the settlement process by sending an offer to settle the debt to Rubin & Rothman.

Here are three steps to following when negotiating a Rubin and Rothman settlement:

  1. Answer any pending lawsuit. If you've been sued, be sure to draft and file an Answer to the lawsuit to prevent a default judgment being entered in the case. Filing an Answer will also give you time to work out a settlement outside of court. Learn more about responding to a debt lawsuit in the next section.

  2. Make a realistic offer to settle. Find the balance between an offer that you can afford and an offer that Rubin & Rothman will take seriously. For example, if you owe $5,000 and offer to settle for $5, most collectors won't even bother responding to this request. Take a close look at your current finances and determine how much you can realistically afford to pay, both in a lump-sum payment or in monthly installments. Decide which of these two types of settlements works best for you. If you choose to offer a lump-sum, make an offer to settle at around 60% of the debt or less, giving yourself room to negotiate when Rubin & Rothman counters your offer.

  3. Get the settlement agreement in writing. A settlement isn't official until it has been recorded, especially if there is an active court case involved. The debt settlement agreement outlines the terms and conditions of the settlement. Rubin & Rothman will typically draft it and send you a copy. Review it carefully before signing, and be open with your communications if you have any questions for Rubin & Rothman's attorneys.

If the thought of negotiating with a debt collector like Rubin & Rothman intimidates you, use SoloSettle to help you through the process. As a tech-driven solution to debt settlement, SoloSettle allows you to send and receive settlement offers digitally until you reach an agreement. The platform will also help you manage the debt settlement agreement documentation and payment of the settlement itself.

To learn more about these three steps and negotiating a settlement that works for you, watch this video:

Respond to a lawsuit against Rubin & Rothman

If you are being sued by Rubin & Rothman, or if you were sued and there is now a judgment against you in regards to your delinquent account, you will need to respond to the lawsuit. The first step to responding to a lawsuit against Rubin & Rothman is to file a written Answer into the case. If you have received a Summons and Complaint in the mail, you have 14-35 days to respond before you lose by default. Your deadline should be included in the Summons document, and it will be accompanied by information describing the debt you owe.

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Challenge Rubin & Rothman's right to sue

Collection agencies often buy debt from creditors who have stopped attempting to collect on a debt. This means the debt is purchased for a very low cost as compared to the total cost of your debt. They will then turn around and attempt to collect the full amount from you.

It is important to always challenge a debt collector in how much they are attempting to collect. This is essential because if they do not proper documentation and proof that the debt was transferred to them, then their case won't stand in court. They must also show the paper trail from the original creditor to the collection agency.

In other situations, you may notice that you are being sued for a very old debt. This debt may be past the statute of limitations in your state. The statute of limitations is a time period that varies from state to state. It is usually between four to six years. After the debt exceeds the statute of limitations, you can no longer be sued for it. You should also avoid paying on the debt, because any activity on a delinquent account will start over the clock on the statute of limitations.

You can challenge Rubin & Rothman's right to sue you by sending them a Debt Validation Letter before a lawsuit is filed when they first contact you about the debt. This urges Rubin & Rothman to legally verify the debt by providing the following information:

  • The amount of the debt.
  • The name of the creditor.
  • The collector will assume the debt is valid unless the consumer sends them a Debt Validation Letter within 30 days.
  • If you send the collector a Debt Validation Letter they will need to mail you validation of the debt.
  • If you send them a Debt Validation Letter they will need to mail you the name and address of the original creditor.

SoloSuit can help you draft a Debt Validation Letter in minutes.

Read Rubin & Rothman, LLC reviews to learn more about the firm

Rubin & Rothman earned an average rating of 3.9 starts on Google review, which is better than most debt collectors. The Better Business Bureau has accredited Rubin & Rothman since 2016 and gives the law firm an A- rating. Some of the complaints on Rubin & Rothman's BBB profile mention problems with billing, collections, and civil litigation. Check out the Consumer Financial Protection Bureau's consumer complaint database to read consumer comments on Rubin & Rothman

For example, one consumer was sued by Rubin & Rothman in 2020 for an overdue credit card debt. When the consumer responded to the lawsuit in court, they didn't hear anything back for months. They continued to make payments, even though there was no formal payment agreement in place. Then they received a notification from Rubin & Rothman that a judgment was being placed against them because they didn't pay as agreed.

Your Rights Under the FDCPA

There are federal laws that protect you against unfair practices by debt collectors and creditors. One of these laws is the Fair Debt Collections Practices Act (FDCPA). It regulates the behavior of collection agencies. For example, it prohibits the actions of using abusive language or harassment in any way. It also prevents the use of false or misleading information to collect a debt.

What is important to note is that if you want to enforce your rights, or recover money for violations you will need to raise this in court. You may even want to countersue. In fact, consumers who have been violated are able to recover damages of up to $1,000 per incident, plus attorney fees and court costs. But what counts as a violation of the FDCPA? Keep reading to learn more.

Do You Have a Case Against Rubin & Rothman?

You might wonder if it is worth it to counter sue and bring a case against Rubin & Rothman. If the following pertains to your situation, then Rubin & Rothman have violated the FDCPA, and you may have a strong case against them. Consider filing a counterclaim if any of the following has happened to you:

  • You are receiving multiple calls per week
  • You are receiving early morning or late night calls (before 8 am and after 9 pm)
  • You are receiving calls at work
  • Debt collectors are calling your friends, neighbors, or coworkers to discuss your debt
  • Collectors are threatening you in any way
  • There is an attempt to collect more than what you owe
  • You are being threatened with negative credit reporting
  • Criminal accusations are being made towards you
  • Someone has used obscene language during an attempt to collect money from you
  • Automated robocalls are being made to your phone in an attempt to collect

Respond to the Summons and Complaint from Rubin & Rothman

Like we mentioned before, the first step to beating Rubin & Rothman in court is to file a written Answer into the case through the court. Here are 6 handy tips for drafting an Answer that will help you win your case:

  1. Avoid telling your side of the story in detail: At this stage of the lawsuit, it's not up to you to prove anything. Rather, the burden of proof rests upon the plaintiff's shoulder (or in this case, Rubin & Rothman). You should avoid any elaborate or detailed descriptions of your side of the story in your Answer. Including such information can actually end up hurting your case. For now, just focus on responding to each allegation (or claim) that is listed in the Complaint from Rubin & Rothman.

  2. Deny, Deny, Deny: Respond to each allegation from the Complaint by denying it. This is just the fancy way of saying, "Prove it." When you deny a claim, Rubin & Rothman are required to prove it with documentation or other evidence. This requires more work and time on their part. Most attorneys recommend that you deny as many allegations as possible in order to strengthen your case.

  3. Include Defenses: After you've responded to each allegations, you should include a section for your affirmative defenses. This is where you can list any reason that Rubin & Rothman don't have a case against you. For example, the statute of limtiations on the debt may be overdue. Another example is that the amount Rubin & Rothman claim you might be incorrect. SoloSuit can help you make the right affirmative defense the right way.

  4. Use standard formatting or “style”: Your Answer should look clean and professional. It should begin with a caption that lays out the court's information, party information, and the case number. Then, it should include a section for your responses to the Complaint's claims and a section for your affirmative defenses. Use standard font style, size, and margins.

  5. Include a certificate of service: You must show proof that you have served Rubin & Rothman with a copy of your written Answer. This is known as a certificate of service, and it should be placed at the end of your Answer document. It should include the address and name to which you sent the Answer, and you should sign it.

  6. Sign the Answer: Finally, remember to sign your Answer. Most courts will reject any Answers that lack a signature.

To learn more about these tips, check out the video below:

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