[worried_and_scared]

I need help in a case about a vehicle I thought was repossessed. I had sold it to my ex-boyfriend who never made payment on it. When it got towed away, he told me it was repossessed. I have taken out a lien on him in his own state (NC) over 2 years ago, but nobody has served the guy down there.

When I furnished the collecting attorney at Rubin & Rothman with the paper work to prove this, he said that he would show it to Midland Funding and get back to me. As I was going to be doing an internship in the UK when our court date was scheduled, he told me he was going to file for it to be postponed until I came back in May. He never answered my emails from overseas asking about the new court date. Now that I am back he has said that he was transferred from the case and that the date went on with out me. He said he would send me a form to motion that the case be put back on the court calendars, but I have not received this. He also will not tell me who is the new person handling my case, but told me to send this form to his attention. Does this mean he was lying to me?

I just graduated college and am not working yet. I also have tons of student loans that I need to take care of once I start. I don't have much experience with lawyers so I have been looking for one on-line but I am confused as to whether I should be looking for one under debt relief, collections, or bankruptcy. The last one I consulted about this before I left for the UK came recommend from a friend of a friend (both lawyers). He charged me $200 just to tell me to stiff them and not to worry. I was obviously not a big enough case for him to take.

Is there anyone who can help me find the right lawyer? I live in Brooklyn, NY

[ScottGem]

Let me get this straight. You bought a car then sold it to someone. But instead of paying off the loan or transferring the loan you expected that person to make the payments, is that correct? If so, you are in trouble. The only way you are not in trouble is if you have some proof that the buyer assumed the loan and it was transferred to their name. Otherwise you are still responsible for that loan.

The fact that the car was repo-ed has little to do with your liability. What probably happened is the car was auctioned off and the auction price was applied against the balance of the loan. But the auction price probably did not cover the loan balance leaving you on the hook for the difference.

Another point, you should never trust anyone working for the collector to be telling you the truth unless you get it in writing. Especially don't think that they will be trying to help you in any way.

So what you need to do know, is determine how much the car sold for and make sure that was applied towards the balance. You then need to negotiate a settlement for that balance to avoid a judgement. You can then go after the buyer and sue him for what you have to pay assuming you can prove he bought the car.

If you want to hire an attorney you want one specializing or knowledgeable in credit/contract issues.

[worried_and_scared]

My ex-boyfriend and I moved up to NYC together and when I talked about selling the car because I was no longer needed here, he wanted to keep it. He was having a hard time finding work up here and he wanted to be able to get back to NC if he had to leave. I drew up a document that stated he would take over the payments on the car and then pay me my deposit back when he got on his feet. INEVER RECEIVED ANY MONEY FOR THIS. He made a few payments, got behind and then it got towed/repossessed. We had this signed but I foolishly left it to him to get it notarized and that never happened. I did have one witness sign it. I have this document with all the paperwork from the lawyer in NC who was helping me put the file the lien on him.

I have a few emails between myself and the collecting attorney saved, but that is all.

How do I determine how much the car has sold for and if it was applied to the balance?

[ScottGem]

That document will help you in a suit against him, but its not binding on the finance company that gave you the loan on the car. You are still responsible for that loan since it was never officially assumed by the buyer. The agency collecting on the debt should be able to furnish the details about when the car was repo-ed and how much it was sold for.

[worried_and_scared]

Yes, that's what I have been told by the lawyer in NC who drew up the case on my ex.

What I need to know is how to get this back on to court calendars so I can take it from there. I found an attorney in Brooklyn and I will be going to see her on Monday. I'll get back to you if I have any questions after meeting her. I will also post any thing I learn from her on this site so other's can learn. She seems much nicer than the one who charged me $200 and told me to stiff them. How can someone be allowed to charge than much for faulty advice?

I don't know what my best option is for clearing up the debt as neither me or my husband have any savings right now. I am not working at the moment but it looks like a job offer is forthcoming so I want to avoid wage garnishment.

We are still keeping our bank accounts separate, but he wants to return home to the UK and at some point I will have to merge mine with his for immigration purposes.

The debt is for $11,000. What sort of amount can we offer for settlement?
I have been informed by my accountant that if we reach some sort of settlement agreement I will not have to worry about much debt forgiveness tax because I have been in school full time and have had very little earnings in the last 4 years. Do you know anything about this?

[ScottGem]

Ok, has a judgement been entered against you? If so, you will need to file a motion to vacate judgement based on the grounds that you were out of the country when the hearing was held. That should be sufficient for you to get a new trial.

I would start by offering to settle for 50% and negotiate from there. But I don't have much hope that they will settle unless you can pay the full settlement amount up front. If you can only offer a payment plan, they are unlikely to want to forgive much of the debt.

As for what your accountant is saying. If the creditor forgives a portion of the debt, they then take that as a tax loss and send you a 1099 reportingit as income for you. Since you have been in school and don't have any income, then this income won't affect your tax liability very much.

[worried_and_scared]

I don't know if the judgment has actually been entered yet as the attorney from Rubin & Rothman just said (in an email) that the court date went on without me an a judgment could be entered. I don't know any more than this but I don't trust this guy any more so I'm not wating to find out.


Thanks for your help. I'll talk to you next week.

[ScottGem]

Did you recevie any court papers that indicate where they might have filed a for a judgement? If so, check with that court to see if a judgement was entered against you.

[Memadee]

I need help in a case about a vehicle I thought was repossessed. I had sold it to my ex-boyfriend who never made payment on it. When it got towed away, he told me it was repossessed. I have taken out a lien on him in his own state (NC) over 2 years ago, but nobody has served the guy down there.

When I furnished the collecting attorney at Rubin & Rothman with the paper work to prove this, he said that he would show it to Midland Funding and get back to me. As I was going to be doing an internship in the UK when our court date was scheduled, he told me he was going to file for it to be postponed until I came back in May. He never answered my emails from overseas asking about the new court date. Now that I am back he has said that he was transfered from the case and that the date went on with out me. He said he would send me a form to motion that the case be put back on the court calendars, but I have not received this. He also will not tell me who is the new person handling my case, but told me to send this form to his attention. Does this mean he was lying to me?

I just graduated college and am not working yet. I also have tons of student loans that I need to take care of once I start. I don't have much experience with lawyers so I have been looking for one on-line but I am confused as to whether I should be looking for one under debt relief, collections, or bankruptcy. The last one I consulted about this before I left for the UK came recommend from a friend of a friend (both lawyers). He charged me $200 just to tell me to stiff them and not to worry. I was obviously not a big enough case for him to take.

is there anyone who can help me find the right lawyer? I live in Brooklyn, NY

Try contacting the Attorney General's office in your local area. They will give you a lot of information on Rubin & Rothman. I was told that they are just a collection agency concerned with getting your money at any costs. That is what happened in my case. They placed a lien against me in the county where I live. I paid it off and one month later they proceeded to take all of the money out of my checking and savings accounts in the county where I work. EVEN THOUGH they had been paid in full. I got an attorney and they have ignored his requests to cease and desist as well as refund the money that they took illegally from me. I am now awaiting the paperwork from the Attorney General's office to see what I can do to get my money back. Good Luck in dealing with them.

[Memadee]

I need help in a case about a vehicle I thought was repossessed. I had sold it to my ex-boyfriend who never made payment on it. When it got towed away, he told me it was repossessed. I have taken out a lien on him in his own state (NC) over 2 years ago, but nobody has served the guy down there.

When I furnished the collecting attorney at Rubin & Rothman with the paper work to prove this, he said that he would show it to Midland Funding and get back to me. As I was going to be doing an internship in the UK when our court date was scheduled, he told me he was going to file for it to be postponed until I came back in May. He never answered my emails from overseas asking about the new court date. Now that I am back he has said that he was transfered from the case and that the date went on with out me. He said he would send me a form to motion that the case be put back on the court calendars, but I have not received this. He also will not tell me who is the new person handling my case, but told me to send this form to his attention. Does this mean he was lying to me?

I just graduated college and am not working yet. I also have tons of student loans that I need to take care of once I start. I don't have much experience with lawyers so I have been looking for one on-line but I am confused as to whether I should be looking for one under debt relief, collections, or bankruptcy. The last one I consulted about this before I left for the UK came recommend from a friend of a friend (both lawyers). He charged me $200 just to tell me to stiff them and not to worry. I was obviously not a big enough case for him to take.

is there anyone who can help me find the right lawyer? I live in Brooklyn, NY

Try contacting the Attorney General's office in your local area. They will give you a lot of information on Rubin & Rothman. I was told that they are just a collection agency concerned with getting your money at any costs. That is what happened in my case. They placed a lien against me in the county where I live. I paid it off and one month later they proceeded to take all of the money out of my checking and savings accounts in the county where I work. EVEN THOUGH they had been paid in full. I got an attorney and they have ignored his requests to cease and desist as well as refund the money that they took illegally from me. I am now awaiting the paperwork from the Attorney General's office to see what I can do to get my money back. Good Luck in dealing with them.