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Kyle L Mastro
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Kyle Mastro’s Answers

28 total

  • Payday law sue and arrest pending?

    i was recently contacted by a person from some law firm about a payday loan i never took and that person stated i would either pay the lan back or they would someone to my job on friday 6/1/2012 and arrest me for not paying th loan back and stated...

    Kyle’s Answer

    I agree with the previous two attorneys, what they threatened to do cannot be done. Furthermore their threat to do so is deceptive and is, in itself, and violation of the Fair Debt Collection Practices Act. This will probably net you around 1000 in statutory damages, in addition to actual damages, plus your attorneys fees are covered under the statute (ie the attorney can get whoever he or she sues to pay them by the hour). I'm going to slightly disagree with something one of the previous posters said - nothing in this message makes me think that you need a consultation in bankruptcy. What you need is an attorney who does FDCPA work.
    I see this ALOT with payday loan collectors, they are honestly the worst. A problem you may face is finding an address to serve their company, but you and your attorney can discuss that. If you have questions feel free to call my office.
    Best of Luck,
    Kyle

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  • I live in ocean county ,nj and Capitol one is suing me for unpaid debt. I missed my court appointment what do I do next?

    I would also like to know how do I resolve this issue without income?

    Kyle’s Answer

    The proper course of action is to make a motion to vacate default judgement. Their are 6 different basis for vacating default, the standard that applies most often is 2 part: excusable neglect and meritorious defense. The key term here is always excusable neglect - our courts don't require you, or anyone else to be perfect, it simply requires you to be reasonably diligent. Our courts have recognized that people make mistakes in not showing up to court, things happen, and if the excuse is good enough, default judgement should be vacated. What is and is not excusable neglect is always a little tricky - the biggest ones that aren't are: I didn't have a lawyer, I didn't have money for a lawyer, I was scared of going to court, I forgot (without something big that made you forget).
    Things that may constitute excusable neglect? There is no exhaustive list, it's simply something big enough that would make the average reasonable, diligent person miss their court date.
    As I said these almost always turn on meritorious defense, but you still have to give a defense. These could include things like "I never had a contract" or "The amount their suing me for is incorrect". Keep in mind, you will have to state this defense not just in a brief but also a sworn statement such as an affidavit or certification - it's illegal to lie on such a document.
    You could also call the attorney and ask for consent. He or she may or may not give it.
    Best of Luck,
    -Kyle

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  • Violation each instance of FDCPA: each call made by JDB after "Request for Validation"?

    Dealing with JDB, intials AA. Sent them "Request for validation" certified mail last month, since the date they signed for it, they have been calling my home number..so far 14 times.Yesterday I receieved a letter from them "per my request" that ha...

    Kyle’s Answer

    I'll handle the potential FDCPA violations one by one.

    The most obvious violation is communicating the debt to your mother in law. This is not allowed, and is a fairly blatant violation. Be sure to understand that (subject to certain restrictions) they can call your mother in law for "location information" however they cannot reveal that this is for a debt when making said communications.

    The calls at home. There is no particular limit to how many times they may call you over a course of time. The violation of repeated calls is during a single day, essentially calling you over and over again. If these have been 14 calls over 14 days, there is no violation, if there was 14 calls in 1 day (assuming you picked up) that is a violation.

    Request for Validation, I think this largely depends on the letters contents, but often there is not a violation here. Now if they attempted to collect the debt after the letter, but before the reply, that is certainly a violation.

    You may have some good claims here and it would be worth looking into, espically since the FDCPA provides for attorney's fees (ie you can get an attorney without having to pay for one out of your pocket).

    If you'd like to give more details or you have any questions, please feel free to call my office for a free consultation. 908 240 7961

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  • FDCPA: Do these rules apply to a collection attorney while in a court hearing makes statements as facts when they are not

    and are being said as factual to win over the judge. Such as "there was extensive discovery and it became clear that the defendant owes such and such creditor" (this did not happen). In fact almost his entire presentation is not true.

    Kyle’s Answer

    I agree with the substance of everything the previous poster said, but I want to make one thing clear, it's his burden to prove his case. Its not your burden to prove he's lying in a collection case but rather his burden to prove what he's saying is true. Collection attorneys act like its your job to disprove the debt, don't buy into their game. What the attorney says is oral argument but he's eventually going to need to prove what he says through admissible evidence, be it witnesses or documents. Don't assume everything is admissible, look to your state's hearsay rules, specifically those dealing with document production. Or better yet, hire an attorney who specializes in consumer or debtors rights law. The substance of the previous post is accurate though, in court oral argument isn't subject to the FDCPA.

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  • How much time do creditors have to collect on a debt.

    If person is deceased.

    Kyle’s Answer

    I agree with the above poster but would add that a suit based on the sale of goods is only 4 years. Goods means a particular product or group of products, for instance a computer, as oppose to a credit card which you may use to buy that computer, as the credit card is governed by contract the SOL is 6 years.
    Keep in mind SOL is measured from the time of default ( your last payment) which is often different than the time of purchase.

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  • I have been paying a collect/agy a fixed amount for 2 years. This agency went out of business. A new agency took my account.

    The new agency is demanding higher payment amounts or threatened me with turning this over to a court. They also informed me of a $5 monthly processing fee I will be charged. Is this legal? I never missed a payment to the original collection agenc...

    Kyle’s Answer

    I agree with the wIth the previous poster, Naca is a great org and will be able to help you out. On a more substantive level I don't think you should have to pay this debt. This is the case for several reasons;
    1) junk debt buyers generally have horrible cases if you know how to exploit their weaknesses. A good naca will know how to exploit those weaknesses.
    2) if you are only getting SSD, This income is often exempt from garnishment. This is not to say their aren't other ways of collecting. Nor should you ignore a potential lawsuit. Let me repeat this; you still need to take their threat of suit seriously, as they may still be able to collect
    3) if they threaten to do something they can't, like have your SSD garnished, this may constitute a cause of action under the FDCPA, a lawsuit you'd have against them, that provides for actual damags, statutory damages of up to 1000 dollars and attorneys fees.

    Note: if you can't afford a private attorney check out your local Legal Services/Legal Aid, they deal with this stuff a lot, and if you're on SSD, you may qualify for their free services.

    Don't pay them anything Until you see an attorney.
    Best of luck,
    Kyle

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  • Initial Notice Debt Collectors

    Why don't debt collectors send "initial notice" mailings certified mail in order to prove the they sent the required Debt Validation notice? It would seem this would open up a credible argument that the required notice was ever sent.

    Kyle’s Answer

    I agree with the previous poster and add hat debt collectors send a ton of those notices, certified mail costs more than regular mail and that cost adds up and doesn't bestow a lot of benefit.

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  • Can a judgment be reversed once handed down in the special civil courts of New Jersey?

    My kid’s dentist sued me for non-payment of services even though i did not sign nor bring them to the dentist; the wife signed the paperwork and brought them. My only relation, I guess to this dentist is that I have the medical and dental insuran...

    Kyle’s Answer

    I'm a little confused by your question, but I will address the question found in the title. The answer is quite possibly. If the judgement was obtained through default the answer is yes, pursuant to a showing of excusable neglect and a meritorious defense. Alternatively if you weren't served the judgement isn't just voidable, it's void. Note that the don't need to serve you but just a member of your household.

    If judgement wasn't obtained through default you can appeal a matter of law you believe the judge ruled incorrectly upon. This isn't a retrial, but rather going to the appellate division and explaining why the judge made an incorrect legal decision.

    You should see a lawyer.

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  • Will I get sued if I don't pay Retail Recovery Service?

    Received a 70% settlement offer from Retail Recovery Service on a $2,579.79 overdraft debt from a Wachovia checking account. Debt is valid, but what happens if I don't pay? Will they eventually go away or will I get sued? Thanks.

    Kyle’s Answer

    They will eventually sue.
    The biggest question I have is whether the debt is still owned by wachovia. Retail Recovery Service has a duel practice, in some cases they buy the delinquent debt and attempt recovery, in other cases they are hired by the original creditor to collect the debt. You want to find out which one of these is applicable to you. If they have purchased the debt, or if another third party debt collector has purchased the debt, I, or another debtors attorney could definitely help you out. If they are simply collecting the debt on behalf of wells fargo/wachovia, an attorney could probably still help you out, but it's more difficult.
    Feel free to contact my office for a free consultation 908 240 7961
    Best of luck

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  • Received requests for admissions/production in a debt collection case. Identified several problems... just send an objection?

    Identified violations: 1) We are pro se, so the admissions request must disclose that if not denied (or answered) within 30 days, the admissions will be deemed admitted by the Court - a FDCPA violation as held by courts previously. Should we ame...

    Kyle’s Answer

    • Selected as best answer

    Let me just generally say that it's a mistake to try an FDCPA case as a pro se. This is the case for several reasons:
    1) it provides for attorneys fees, SO attorney representation doesn't cost you anything.

    2) Formulating a legal argument is a skill like any other. The first time anyone does it, they're generally not that great. I'm not saying your not smart enough to learn to make such an argument, simply that you lack experience in doing so. As such, the argument will probably be stronger when composed by a professional, giving you a better chance to win.

    3) You're not seeing your own case properly. Once again, this isn't because your not smart enough, but because you're too close to it. There is an expression "an attorney who represents himself has a fool for a client." It's very true, when a case is personal, you don't see it properly, it's true for everyone.

    There is no reason not to contact a local attorney, preferably one who specializes in "consumer law" and/or "debtors right" if you have a valid FDCPA case, and ALOT of reasons not to do so.
    Best of Luck

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