CAPITAL ONE JUDGMENT WITH RUBIN AND ROTHMAN VACATED AND DISMISSED
A former client contacted us stating that he had just learned that the
Rubin and Rothman, a frequent debt collection law firm in New York and
New Jersey was pursuing him for a $12,000 Capital One debt that he thought
we had already dismissed for him. We had previously represented him in
regard to a Capital One Judgment that we did indeed vacate and dismiss.
However, after reviewing the situation, the index number and debt amount
on this new Capital One Judgment were different. The situation and defenses
remained the same. Our client had traveled out of the country years before
and was the victim of identity theft during that time period. After disputing
the debt on his credit report, Capital One actually sent a letter to him
advising that their investigation did show that the debt was a result
of identity theft. Unfortunately he did not know that there was another
Capital One debt still out against him.
We contacted Rubin and Rothman to explain the situation and advised that
we would be filing a motion to vacate the judgment and dismiss the underlying
debt due to identity theft and the fact that our client could not have
defended himself at the time of suit as he was out of the country. We
also pointed to the fact that we had an identical situation a half-year
ago with Capital One and Selip and Stylianou, the law firm that was handling
the first matter, and that we had it dismissed. Rubin and Rothman agreed
to voluntarily vacate the judgment and dismiss the debt against our client
after reviewing the dismissal from the first case and the letter from
Capital One itself. These examples show that it is critical to review
your personal credit report after a long trip or stay out of the country.