John Victor Mastriani’s Answers

John Victor Mastriani

Bellaire Debt Settlement Attorney.

Contributor Level 4
  1. What is the best way to deal with "zombie debt" collectors in TX as a TX resident?

    Answered over 1 year ago.

    1. John Victor Mastriani
    2. Young Walgenkim
    3. Brian Thomas Canupp
    4. John A. Fischer
    4 lawyer answers

    If the statute of limitations is over I would send a cease and desist so you are not harassed by the calls. I would request all documentation this alleged new creditor has with respect to the purchase of the debt to determine if there is any potential liability via a lawsuit.

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  2. What Can Restart the Debt Statute of Limitations in TX?

    Answered over 1 year ago.

    1. John Victor Mastriani
    2. Lucy Magness Hebron
    3. Young Walgenkim
    3 lawyer answers

    Separate consideration and usually a new promise is required. The mere fact that a partial payment occurred will not restart the statute of limitations absent more in most instances. Of course, the collection agency or creditor may try and use this in court but absent something like forbearance of collection activities or the like the mere payment should not start the limitations again. Limitations in certain types of debt begins to accure on the date that business between the debtor and...

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  3. Is it possible to qualify for a house loan in the middle of a settlement?

    Answered over 1 year ago.

    1. John Victor Mastriani
    1 lawyer answer

    Yes. There are lender guidelines that will allow you to qualify for a loan if you are in a payment plan. The caveats are, amongst other matters, that the payment plan must be in effect for at least six months in my experience and the payments as per the settlement will be subtracted from disposable income in calculating the loan amount you qualify for and perhaps interest rate of the loan.

    1 lawyer agreed with this answer

  4. I'm being sued by capital one bank for a 1.026.81 credit card,money,working only 25 hours a week partime at 7.25 hour the

    Answered almost 2 years ago.

    1. Guy Irvin Wade III
    2. John Victor Mastriani
    3. Eric Jerome Gold
    3 lawyer answers

    I believe you should consult an attorney. Filing a general denial will prevent a default only in the short run. Often times the Creditor, especially w Muchael Scort, has embedded requests for admissions, that if not answered properly will cause you tto deem your case away and lose even with a general denial. I have had 100s if not 1000s of cases w Muchael Scott. I know the firm well. A judgment against you is not the way to go and to allow one will only create future problems. Additionally,...

    1 lawyer agreed with this answer

  5. Do i need a lawyer to represent me on the scheduled hearing when I cannot make it on that day? Or should i just re-sched?

    Answered over 1 year ago.

    1. James Carl Eschen III
    2. John Victor Mastriani
    3. Scot J Eliot
    3 lawyer answers

    IF you do not have a lawyer you should advise the court that you will be out of town and move to have the hearing continued. I would review the Rules of Procedure and any local rules along with particular rules of the court to be certain you comply with the continuance for the hearing requirements. With respect to hiring a lawyer or not you have not provided enough information. Often times creditors prevail based upon procedural pitfalls that a layman does not know how to respond to. Of course,...

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  6. HOA has been harassing me over one of the Directors personal issues. Overpowering, not equal rights, discrimination, how to stop

    Answered 7 months ago.

    1. Barbara Billiot Stage
    2. Joseph Charles Shoemaker
    3. Golnar Sargeant
    4. Clifford M. Miller
    5. John Victor Mastriani
    5 lawyer answers

    Yes you can sue the director individually along with the HOA. If the HOA gave you permission it is estopped to revoke it even if contrary to a bylaw provided the permission was granted via proper HOA protocol. The lady is a bully. Best way to handle a bully is establish your not afraid to fight the bully and if further provoked can knock the bully on its backside. I would send a letter to HOA stating that one of its members and a board member is interfering with your contract with the...

    1 lawyer agreed with this answer

    2 people marked this answer as helpful

  7. Question about 1099-c for student loan, bankruptcy and impact on SSI & taxes

    Answered over 1 year ago.

    1. Shannon E Wynn
    2. Mark P. Maciolek
    3. Diane L Gruber
    4. John Victor Mastriani
    4 lawyer answers

    The 1099c is a very real issue with respect to forgiveness of debt. I am not a CPA and do not give any tax advice on this matter. However, there are some issues with respect to solvency tests that even though there was a forgiveness of debt the issue of solvency, or in this case insolvency, would still not require you to pay a taxable gain. There is no presumption of tax liability with a 1099c however it should be properly addressed by a tax professional and the mere fact one has been received...

    2 lawyers agreed with this answer

  8. Sued in small claims court for Sales Taxes Owed

    Answered 4 months ago.

    1. Mark Allen Land
    2. Richard Kurt Arbuckle
    3. Daniel Lee O'Neil
    4. Carolyn Jean Crain Dove
    5. John Victor Mastriani
    5 lawyer answers

    As the owner you may be implicated personally. The Attorney General is usually the branch of government responsible for collection. You may want to answer the suit yourself to avoid a default judgment given said judgment would allow the judgment creditor to e execute on it via the judgment. I would then find out the particular statute the collection of the sales tax has been sought against you and read it yourself to determine if you have any defenses. I would think an attorney may be good to...

  9. What happens after i make arrangements with the collection agency for payments on a repossed vehicle; do they get to keep both?

    Answered over 1 year ago.

    1. Patrick Begley
    2. William Asa Grafton
    3. Lu Ann Trevino
    4. John Victor Mastriani
    4 lawyer answers

    It depends on the arrangement. If there has already been a repossession and a sale of the vehicle and you have settled what they call the deficiency from the amount owed less the proceeds of the sale the answer is yes. However, a repossession is a very technical matter under the Uniform Commercial Code that involves the right to accelerate the debt, collect on the debt, how notice is required before and after the sale so there are some very technical issues involved to determine if the sale was...

  10. Can I set a payment plan to avoid being garnished?

    Answered over 1 year ago.

    1. Garrett Forrester Charity
    2. Dorothy G Bunce
    3. John Victor Mastriani
    3 lawyer answers

    Each State has different garnishment laws. Often times the laws with respect to garnishment may be the laws from the State that the judgment was had and/or the person is paid. The question needs to be more specific as to the type of garnishment and what it to be garnished to properly answer it. Of course if you are dealing with a creditor in this case the medical provided and they agree to a payment plan to avoid garnishment then of course. But these folks seem hell bent on all the money up...

    1 lawyer agreed with this answer

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