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I Defaulted on a Loan to HFC that Went to Rubin & Rothman. – Cathy

“Dear Steve,

I defaulted on a loan from HFC for $9,000 It went to collection through Rubin & Rothman. I made a payment plan but some events occurred which made me fall behind by 2 months. They went to court and obtained a judgment and are now threatening salary garnishment unless I pay $575 per month. My original payment plan with them was $99. They say it is not negotiable and allowed by NY State law to take 10% of my salary. I am a sole breadwinner and this will cause a real hardship.

I had no idea Rubin & Rothman was going to Court for the judgment. I received no subpoena. Is there anything I can do. I am willing to pay but not this large amount each month.

Cathy”

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The Answer

Dear Cathy,

I assume that during that time you were behind you were not in regular communication with them to keep them in the loop.

I would suggest you find a local attorney to talk with about the situation. It may be possible to get the judgment killed but it would involve some technicalities and that would require specialized help.

When you entered into the payment plan do you sign anything that said anything about what would happen if you did not pay?

Please post your responses and follow-up messages to me on this in the comments section below.

Big Hug!

I Defaulted on a Loan to HFC that Went to Rubin & Rothman.   Cathy
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I Defaulted on a Loan to HFC that Went to Rubin & Rothman. - Cathy by

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About Steve Rhode

Steve Rhode
Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.
  • SeanDSLegalPlan

    “Sewer Service” is a term that was made famous recently in New York City… Where the summons, instead of being presented to the defendant is simply “tossed into the sewer”.

    http://www.nydebtreform.com/

    THE NEW YORK STATE ATTORNEY GENERAL SUES TO THROW OUT OVER 100,000 FAULTY JUDGMENTS ENTERED AGAINST NEW YORK CONSUMERS IN NEXT STAGE OF DEBT COLLECTION INVESTIGATION

    37 Law Firms and Collectors Named in Lawsuit for Failing to Properly Notify New Yorkers Being Sued for Owing Debt

    Best of luck,

    Sean Ryan

  • Anonymous

    “Sewer Service” is a term that was made famous recently in New York City… Where the summons, instead of being presented to the defendant is simply “tossed into the sewer”.

    http://www.nydebtreform.com/

    THE NEW YORK STATE ATTORNEY GENERAL SUES TO THROW OUT OVER 100,000 FAULTY JUDGMENTS ENTERED AGAINST NEW YORK CONSUMERS IN NEXT STAGE OF DEBT COLLECTION INVESTIGATION

    37 Law Firms and Collectors Named in Lawsuit for Failing to Properly Notify New Yorkers Being Sued for Owing Debt

    Best of luck,

    Sean Ryan

  • Tips

    Cathy,
    The truth is there is not much you are going to be able to do then have your wages garnished. You DEFAULTED. There is no way that Rubin and Ruthman had your account and you were not summoned to court and now you are being garnished that doesn’t usually happen. What I don’t understand is if you already made an agreement with them to make monthly payments it doesn’t matter if you were taken to court or not you still agreed to make monthly payments and you defaulted on them.It is very important to make those payments on time and if issues do arise to contact them and let them know of your situation , most of the times they will work with you.I would contact the clerk of courts they can give you the documents you will need. Not only are they personally delivered and require a signature they would of mailed you a copy especially in New York. When speaking with the clerk of court see if you can request a hearing , it might take sometime New York court systems are packed.

    goodluck!

  • Tips

    Cathy,
    The truth is there is not much you are going to be able to do then have your wages garnished. You DEFAULTED. There is no way that Rubin and Ruthman had your account and you were not summoned to court and now you are being garnished that doesn’t usually happen. What I don’t understand is if you already made an agreement with them to make monthly payments it doesn’t matter if you were taken to court or not you still agreed to make monthly payments and you defaulted on them.It is very important to make those payments on time and if issues do arise to contact them and let them know of your situation , most of the times they will work with you.I would contact the clerk of courts they can give you the documents you will need. Not only are they personally delivered and require a signature they would of mailed you a copy especially in New York. When speaking with the clerk of court see if you can request a hearing , it might take sometime New York court systems are packed.

    goodluck!

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