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James Cannon Huber

James Huber’s Answers

172 total


  • Probation

    If someone was put on probation 3 years ago but had to serve subsequent times, does their probation start again after each occurrence?

    James’s Answer

    Sometimes. Grab the paperwork from your last appearance and give a criminal defense attorney a call.

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  • I won a $6700.00 judgment, what must I do to collect? The court awarded me damages on a rental property.

    Only the wife sue for her deposit, I counter sued the claim. Her husband's name was not on the small claim papers. Can I go after him. Both husband and wife signed the rental agreement. Husband owns a Mexican restaurant. Wife works in the re...

    James’s Answer

    You will need to run an asset search to locate property or accounts to levy. Our firm can help you with this.

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  • Can a New York Collections Firm collect from me in San Diego?

    I had a failed business years ago. Currently am disabled. I bought an ATM & signed a financing lease. The ATM was defective. Tried to return, but never could. The lease company sued me in New York, even though I did not do business with them in Ne...

    James’s Answer

    You should hire a lawyer to fight the enforcement of the agreement here. My firm handles these issues regularly, and often for the other side. Thus, we know how to beat these.

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  • How did I transfer a default judgment in amount of $7200 from San Diego to Seattle WA area? Will a collection lawyer there

    Work on contingency basis? How to find assets?

    James’s Answer

    You will have to domesticate the judgment in Washington state. An attorney there may take the case on contingency but the judgment is so small, there's not much for them to collect. If the judgment is against a business, our firm may be able to collect without domesticating the judgment.

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  • Can I file an application for writ of execution to recover money fraudulently deducted from my share of equity buyout proceeds?

    The trial Judge denied opposing counsel's request to deduct 1/2 the value of an annuity from my share of the home re-fi equity loan buyout proceeds because the annuity was cashed in prior to the D.O.S. and the money was deposited into our joint ch...

    James’s Answer

    You should look at your retainer, and review with a local attorney. Many agreements allow for arbitration of the fee dispute, which should save you some cost.

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  • Do you automatically forfeit your 4th Amendment rights when you are riding in a car with a fourth waiver?

    I was ticketed for drug paraphernalia after being searched despite my objections and confirmation from dispatch that my 4th Amendment rights were intact. What can I do to ensure my future rights are not jeopardized by the illegal search and seizure?

    James’s Answer

    I am an attorney in Oceanside that handles these matters regularly. Your 4th Amendment rights are not completely diminished depending on the circumstances of the case. You likely have a viable defense, and need to contact an attorney.

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  • I received an MIP in Arizona in October of 2009 and I now have a warrant for my arrest because I had court this April 2013.

    I received an MIP in Tucson in 2009 and I was given the option to complete a diversion course and I thought I had done everything to complete this. My parents moved 2 years ago but I changed my address with the DMV to my parent's new address. I ...

    James’s Answer

    You will need to call an attorney in Tuscon. They can likely work this out with the court relatively easily.

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  • Got served yesterday, being sued by CACH, LLC Robert J. Colclough III office

    It says I have 30 days to enter a written response to the court, and the Plaintiff. This card was paid off so I would like to request validation of debt. It says I can go online and click on self help to get the proper forums since it has to be ...

    James’s Answer

    You should file an answer and counterclaim. If the debt is not valid, you may be entitled to damages for filing a lawsuit on an invalid debt. If you do not file a counterclaim and only file an answer, you will waive the right to do so. By coming over the top, you may encourage a settlement at a lower amount. You should consult with an attorney that is prepared to present an aggressive offense to protect your rights.

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  • Isn't none disclosure in the purchase agreement a Ca law? What to do after jury finds them not guilty?

    We just went through a jury trial against the broker who sold us our home. In the disclosure statements filled out by the seller, he did not disclose a private sewer bridge he had to build to hold our sewer laterals in over an open easement ,thr...

    James’s Answer

    You can file an appeal, but that requires a substantial bond. If you had an attorney, you should discuss your options with him. If not, you should contact an attorney immediately as there are deadlines to file an appeal.

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  • Should i answer yes o no? if the embassy ask me if i was convicted. after my case was granted with misdemeanor expungement.....

    Firs of all I want to thanks to all lawyers that are helping us in this page answering and resolving our doubts, but especially those who helped me like 4 months ago. Now i want to tell you guys, that i filed my case EARLY TERMINATION OF PROBA...

    James’s Answer

    Always best to tell the truth. If you are caught in a lie, it's much worse. Here, the truth is that yes you were convicted, and the court later expunged it.

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