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John Victor Mastriani
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John Mastriani’s Answers

32 total

  • How do i get other party affidavit?

    mom lawyer ask for affidavit but has yet send me anything how do i get mom lawyer to send me the affidavit and child support order?

    John’s Answer

    I would request a certified copy from court.
    Also, opposing should have served it on you although not signed.

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  • Can I get representation in civil court.

    I am being sued in civil court for breach if contract. I am a llc so I need legal representation in court. Customer told me to cease construction after I was more than half done. Could not finish. Complained my work was inadequate. Not true.

    John’s Answer

    Please be more detailed. Presently you have not asked a question.

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  • Response from attorney over old debt.

    Hello, I have a question that I can not seem to find the answer to anywhere! I received a letter from an attorney a few months ago stating that they are representing a creditor that I owe a debt with. The letter says that I have been referred to ...

    John’s Answer

    The documentation from original creditor is provided to debt buyer upon sale of debt. It is usually incomplete and not reliable. I would like to see not only the bill of sale but the forward flow agreement incorporated with the sale of the debt. It will be full of disclaimers with respect to the accuracy of debt sold. The debt may have also been sold more than once. Initially given the age of debt it should drop off your credit soon and paying anything msy reage the debt causing reporting for more years negatively. Be careful.

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  • Trial Brief can be file, deliver copy to the judge before trial date and use in Florida Circuit Court civil case ??

    I was told that as a Pro-Se litigant in a civil case on Florida circuit court; a Trial Brief can be file, deliver copy to the judge before trial date and use in court on trial date.

    John’s Answer

    Trial briefs are excellent. But remember it's a trial brief. Check with the judge and determine the latest time you could possibly file . that way you're not handing your opponent your game plan prematurely . If a brief is not required but I would have several Briefs Per issue and hand them out on an as needed basis. Remember trials advocacy and anyone can have a great brief the key is knowing when and how to use it. Finally, remember lucks nice but skills better hold up on your skills especially if you're going to have a pro se so the judge appreciate your diligence with the tribunal.

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  • Can the judgment holder go after my assets immediately, or am I given any time to appeal?

    A civil court just issued a judgment against me in Florida.

    John’s Answer

    An appeal does not protect one from a judgment. However, as s practical matter an appellee may be aprehensive to go after assets predicated on an appealed judgment. In Texas a judgment is not final for 30 days from its date absent a post judgment motion and said that extends plenary power of the court for as much as 105 days. However, the notice of appeal still must be filed in 90 days from judgment. Of course JP courts have shorter deadlines to appeal. An appeal in Texas from a JP court is a direct action to the County Court and does entitle appelant to a trial de novo. In short JP judgments unlike District and County Judgments are rendered void after a successful appeal to the county.

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  • What should I do if the final order signed by the Judge is the opposite of what she ruled at the end of the hearing.

    I had a hearing and it was recorded. The order was reduced to writing. When the opposing attorney sent it to me for review I'm (pro se) it did not reflect the proceeding. I drafted another proposal and sent it to all parties. The Judge was sup...

    John’s Answer

    In Texas the courts plenary power expires in 30 days after the judgment is signed. Is unclear if this was a judgment or just an order. Be certain the court doesn't lose authority to collect the order. Then simply in a copy of the transcript of the hearing supplied to the judge along with the proper order. Opposing counsel pretty stupid and he's going to allow this mistake to occur and not correct it.

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  • Can the first circuit court of appeals interpret the code federal regulations?

    or can only the administrative office of appeals interpret the code of federal regulations

    John’s Answer

    Federal Courts can do almost what they please. However, the CFR are non binding anyway to follow. But of course if CFR at issue you need it interpreted in your favor.

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  • What if I cannot defend this case what kind of sanctions will be imposed?

    I am involved in a civil litigation x 1 yr- my attorney withdraw. Looking for a new attorney . Case is in broward county. I am the defendant. I reside in New York and have limited funds. Keep being served paperwork from plaintiffs attorney I can...

    John’s Answer

    You have already submitted to jurisdiction so the Florida court does have authority over you. Absent knowing the nature of the sanctions I cannot opine. The key to avoiding sanctions now is to not shower conscious indifference to the court or a blatant disregard for its rules. Therefore try you do the best you can to answer where he's been required if you feel it's reasonable . If you do not feel it's reasonable that advise the court to say just do not have it in action towards the proceeding. You may also be able to call legal aid for representation. If the attorney seems to be harassing you you can always file a complaint with the state bar. You can also sue him and his client for intentional infliction in a motional distress without the need of a manifest physical symptom if they conduct you complain is frivolous and outrageous. I am in Texas lawyer though and this is how it may work in Texas.

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  • How do I handle a business lawsuit that has been filed against me personally?

    I am the President of a a Missouri based nonprofit. A couple years ago, the nonprofit rented an Illinois retreat center. Long story short, we defaulted on the amount owed due to lack of donations and funds. They hired an attorney who would call me...

    John’s Answer

    Of course you have rights. You need to determine if your debt is consumer. It does not appear it is. However, there is intentional infliction of emotional distress. This chart does not require an actual physical injury or medical issues in Texas. Are requires is out rages conduct which is occuring and the finder of fact shall determine them. Of course you may also include damages for personal injuries as well but I would consider them. Finally, the media always enjoys issues like these. There is also malicios prosecution if there is no cause of action against you. Was there a personal guarantee? Of course, if it was consumer debt you have more avenues to go with but then your making an admission the debt was yours.

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  • In a limited civil case in CA does the answer have to be verified if the complaint is?

    This is a Los Angeles Superior Court limited civil case, a Petition to Appoint a Provisional director under Corp. Code 7225. The Petition is verified. I don't think the response has to be, does it, because it's a limited civil. Thanks.

    John’s Answer

    In Texas certain answers must be verified. It depends on nature of suit. In Texas verification requirements are determined by the Texas Rules of Civil Procedure. Usually in Texas should an answer be required to be verified, and it is not, the court must usually allow a verification to occur given no unfair surprise to opposing side but its always better to not rely on the court and get it done upfront.

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