Kyle L Mastro’s Answers

Kyle L Mastro

Bound Brook DUI / DWI Attorney.

Contributor Level 7
  1. Violation each instance of FDCPA: each call made by JDB after "Request for Validation"?

    Answered almost 3 years ago.

    1. Kyle L Mastro
    2. Stuart M Nachbar
    3. Steven Everett Savage
    3 lawyer answers

    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...

    5 lawyers agreed with this answer

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

    Answered about 3 years ago.

    1. Kyle L Mastro
    2. Tim L Eblen
    2 lawyer answers

    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...

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  3. If a cash advance company sells your debt to a collection agency or investigating firm can they take you to court?

    Answered about 3 years ago.

    1. Kyle L Mastro
    2. Konrad Bartlomiej Jarzyna
    3. Daniel Anthony DeLiberty
    4. Kevin V.K. Crick
    4 lawyer answers

    Everything the previous poster said is 100 percent true. Let me add a little detail based on what you've said I'm of the opinion that you have an FDCPA case. They threatened to garnish your wages: Pa has no wage garnishment hence they were threatening to do something they can't legally do, that violates the FDCPA. Furthermore, they threatened to contact your employer, contacting employers is illegal under the FDCPA, hence when they made such a threat they were, once again threatening an option...

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

    Answered about 3 years ago.

    1. Mary Tom
    2. Matthew R Schutz
    3. Kyle L Mastro
    3 lawyer answers

    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.

    3 lawyers agreed with this answer

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

    Answered about 3 years ago.

    1. Kyle L Mastro
    2. Mary Tom
    3. Martin L Bearg
    3 lawyer answers

    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...

    3 lawyers agreed with this answer

  6. I wrote to Pressler & Pressler asking for debt validation on a credit card bill,after 8 months they sent me a copy of a bill

    Answered about 3 years ago.

    1. Philip D Stern
    2. Benjamin G Kelsen
    3. Mary Tom
    4. Kyle L Mastro
    4 lawyer answers

    Allowed or permitted by law - You told them not to contact you, if they were to do so after that request, this would constitute a violation of the Fair Debt Collection Practices Act (FDCPA). The FDCPA won't apply to legal pleadings, so as the other poster said, yes you can expect to get a complaint filed against you, though as this was probably going to happen anyway, you're in no worse position. You can make specific requests for documents during the discovery process. What is produced,...

    3 lawyers agreed with this answer

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

    Answered about 3 years ago.

    1. Kyle L Mastro
    2. Benjamin G Kelsen
    3. William W. Fife III
    4. David Jule Gruskin
    4 lawyer answers

    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...

    2 lawyers agreed with this answer

  8. How can i clear up debts that are in collections, that are over 5 to 6 years old. I dont wanna file bankrupt.

    Answered about 3 years ago.

    1. Kyle L Mastro
    2. Benjamin G Kelsen
    3. Alan D. Walton
    3 lawyer answers

    Well the time of the debt and what the debt is for matters a great deal in answering your question. If the debt is 6 years old or more, and based on a contract it is beyond the NJ statute of limitations. Mind you it's 6 years from default. If the debt is for goods (for example: a computer as oppose to a credit card) the statute is 4 years. Once again measured from the time of default. More generally speaking: If you have alot of debt, and don't want to declare bankruptcy, you should...

    1 lawyer agreed with this answer

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  9. Do missed calls count as "initial communication" under the FDCPA?

    Answered about 3 years ago.

    1. Adrian M. Lapas
    2. Scot J Eliot
    3. Kyle L Mastro
    3 lawyer answers

    I tend to agree, it would depend on level of communication, like if they say in a voicemail "this is an attempt to collect a debt. . . blah blah blah" then maybe, but I'd agree with the other gentlemen, it probably doesn't count.

    3 lawyers agreed with this answer

  10. 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?

    Answered over 2 years ago.

    1. Kyle L Mastro
    2. Stuart M Nachbar
    3. Mitchell Paul Goldstein
    3 lawyer answers

    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...

    1 lawyer agreed with this answer

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