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John Victor Mastriani
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John Mastriani’s Answers

20 total


  • How can I get Engagement ring back

    After 2 years being engaged things did not work out she told me she is not giving me the ring back because I owed her money for the bed we bought I am not taking the bed so why can't I get the ring back does this have any baring

    John’s Answer

    Unless it is a family heirloom or cost such a prohibative amount you would suffer sever hardship or the break up was the result of theft, infidelity, and:or physical abuse I would go on with my life and let it go.

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  • Our home flooded and had over 20k worth of damage because a construction company who installed a new sewer system for the city .

    home owners insurance wont cover it because the damage came from outside . the city blames the road commission, the road commision blames the construction company. what kind of attorney do we need to hire

    John’s Answer

    An aggressive litigator that is not aftaid of the County, City, party that caused the damage or your homeowners policy. Many lawyers talk a giood game but be certain that whomever you select is not afraid of the courthouse and successful therein. That way your least likely to have to have the case actually tried because the parties exposed to liability will evaluate the monetary amount of thier risk higher for settlement,

    Now some of the potential parties to sue are government entities so be careful not to miss any timetables putting them on notice or miss any other prerequisites to sue them.

    I would also call my local State Government's Reprentative and advise said person about the issues.

    John Mastriani

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  • Houston district court "trial on merits" hearing?

    What is this mean? I mean if 20 cases have a hearing that hour what happens? I know many will say hire or ask a lawyer. That is what I'm doing now, I just want to know what happens at this hearing. I would suppose the judge says are you all ready ...

    John’s Answer

    Call the Trial Coordinator for the particular District Court and ascertain your docket pisition.

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  • DEFAULTED ON STUDENT LOAN, TGSLC HAS PUT A HOLD ON MY LICENSE PREVENTING ME FROM WORKING, ATTEMPTS TO MAKE PAYMENT ARRANGEMENT

    LOAN HAS BEEN TRANFERRED TO DEPT OF ED. THEY STATES DO NOT HAVE MY LOAN. BEEN TRANSFERRED AROUND CONSTANTLY EACH TIME I CALL (DAILY) FOR 3.5 MONTHS NOW. EXTREMELY SUPER FRUSTRATED. WHAT DO I DO??????? NEED TO WORK! TAKING LOANS ETC....

    John’s Answer

    You may want to end the frustration by retaining an attorney that knows how to ascertain who holds your loan. It may have even been sold to a debt buyer. Calls do not provide a proper record to establish your trying to resolve the issue. A consultation with an attorney may be in your best interest. Many firms like mine offer a free consultation. Your not alone with the frustration as our clients throughout Texas experience similar frustration.

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  • Can I add a lawyer at a later date in federal court?

    The case is a civil case. I filed it pro se in district court however it was removed to federal court. My question is am I allowed to now add a lawyer to take over the process as i do not want to miss a step in federal court and jeapordize my ca...

    John’s Answer

    You can always hire an attorney. Of course, matters that occurred prior to you retaining counsel, may preclude certain matters. However, given your case has recently been removed you have time, albiet limited, to get the compliant and other instruments in order. Be wary as well of a motion to dismiss that usually is proffered with removal.

    Do not hire a soft lawyer out to make life pleasant. Of course do not hire an ignorant Rambo bully type either. Hire a respected zealous advocate with respect of the court to make your opponents life unpleasant while prosecuting and defending your rights. Now often times individuals are pro se, without counsel, in Federal Court but if you have the resources its best to seek counsel.

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  • After filing a notice of appeal and designating the record on appeal, when does the trial court lose jurisdiction or when does

    the appellate division of the superior court gain jurisdiction?

    John’s Answer

    In Texas the plenary power (jurisdiction) of the trial court ends 30 days after a final judgment is signed unless a motion for new trial is filed. When a motion for new trial is filed the plenary power of the court extends 90 days. A motion for new trial is overruled by operation of law should it not be heard either if the court loses its plenary power or after 75 days. So in theory when one includes the 30 days for a judgment to be final it can be as long as 105 days after the judgment. But a notice of appeal may only be filed 90 days after the judgment. There are many instruments to file that extend the trial court's plenary power. In Texas the mere filing of an appeal does not deprive the trial court of jurisdiction with respect to post trial matters during its plenary power.

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  • Should I respond to an unserved summons not addressed to me?

    Several people at work have received civil summons to respond but not appear in court yet. They are being asked to make a written response in 30 days. I read through the complaint of one of the summons, and it named a similar name to mine, but not...

    John’s Answer

    Be careful service may be effectuated without your signature or even require the documents to be handed to you. Try to get the cause number of the case and see if the court has online access. Then see if you can print out the petition or read it. Then you will be in a better posistion to analyze your nexus with respect to the matter to determine the next step. Thereafter you may determine if you want to seek a legal consultation with an attorney.

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  • Got caught shoplifting in MA

    Received civil demand letter asking for $375 after stealing $52 worth of merchandise. Cops were present but did not charge me with anything or take down any of my information. I asked if i would have to go to court and he said no that they had not...

    John’s Answer

    You should be worried about your integrity. If it is purely a civil matter of course there is no jail time. However, you signed a confession. Therefore, unless you were lying with respect to the confession honor it. Its a minimal amount of money and you need to make restitution. The additional funds am uncertain why there are additional monies owed so ascertain why. Pay what you owe. Be certain you have a written release of any liability, also see if their willing to enter in a confidentiality agreement to keep in quiet.

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  • Sued in small claims court for Sales Taxes Owed

    I was served papers last week from Travis County in which I have 14 days to respond. I owe approximately $2000 in sales taxes for a previous business that I owned. I know longer own this failed business. Is this worth getting an attorney or shoul...

    John’s Answer

    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 help you reveal any defenses and if not to work out a settlement and a formal settlement document for a payment plan. Especially if the attorney has handled matters of this nature and is familiar with counsel that brought the action. Of course you do not want to spend significant money doing this given the small amount sought but you should avoid a default judgment and be careful attorney fees are not also sought against you.

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

    On 2011 I've got the approval from the HOA to put the VINYL FENCE, but on the bylaw says only WOOD FENCE, so wood it is. My fence is the same way as this two other house on the back. In 2012 this lady that leave on the back of my house, told me t...

    John’s Answer

    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 HOA. I would also advise the bully you intend on suing them.

    There is no insurance coverage usually for intentional acts. So threaten to sue the HOA for negligently supervising its director " the bully" which may trigger insurance. Also threaten to sue the other officers and directors individually for not supervising the bully.

    Remember litigation stinks for everyone but the lawyer so think very carefully about it. If you can work it out always do so.

    This is just a very brief synopsis and its very important to explore several other causes of action should litigation be your only alternative.

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