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James Cannon Huber

James Huber’s Answers

172 total


  • Can Sallie Mae garnish my husbands paycheck since I am unable to forbearance or pay my Private Student Loan at this time?

    Ok so I'm unemployed & can not collect unemployment. Have applied for jobs everywhere known to man! No luck in over a yr! I can not pay my private student loan fee.I thought I could forbearance it but I can't until I pay the loan amount 3 months i...

    James’s Answer

    Yes, make sure that you are filing seperately so that those debts cannot be imputed to you. There are many ways that you can avoid a judgment. For instance, most creditors that get a judgment will try to enforce it on the days that it is most likley for you to have the most money in your account. So if you make sure that your account does not have money in it from the 11-16th you have a better chance at missing their levy.

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  • Citation charge versus real charge at arraignment

    I have a citation for California Penal Code 484(a) in San Diego. Upon contacting few attorneys, some mentioned that the City attorneys may charge me with burglary. Is this true?

    James’s Answer

    The DA has a lot of discretion to charge you with anything that they can. The DA could lose the ability to charge you with crimes if they fail to do so. You should contact an attorney to make sure that you get fair treatment.

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  • Ididnt finish pc1000and how do i find out if i have a warrent

    and i miss court date so they giveme another i have to show tomorrow at730am

    James’s Answer

    If you show up to court ready to cure the mistake and take care of it, they will likely treat you fairly and will set aside the warrant. They might not, and instead might arrest you at court. So it is good to have an attorney make the appearance for you, and get everything straightened out. Many attorneys are at the court house already, and will work with you to make it affordable.

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  • HELLO. I have a petty theft misdemeanor that i want to early terminate probation and expunge/

    I am nearly done with my probation which ends next year. In addition, I have completed all fines and community service and i qualify for early termination and have stayed clean since then/ Is it worth applying for expungement and early termination...

    James’s Answer

    Terminating probation early and expunging your record will help you get a job, keep your job, and get other benefits that society might otherwise deprive you of due to having forfeited some of those rights by committing a crime. A court will often grant these requests if you can show that you have served your sentence and are on the right path. Multiple applications will not hurt your case necessarily, but it does cost money each time you apply. You can fill out the forms, and make the application yourself, but in the biased opinion of an attorney, you should hire an attorney to make sure that you have done everything that is necessary so that you only have to do it once.

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  • Can I apply for citizenship while under diversion for 0,5 gr hashish?No crim record.Is it better to wait end probation-16months?

    I am 22,got Green Card thru Mom in 2007, in 2012 need to apply for citizenship.Was arested in the street with 0,5 hashish. No prev. criminal record. I used public lawyer - got a diversion program, attending school for 3 months and probation 1,5 ye...

    James’s Answer

    You should wait until your probation is terminated. Once you've completed all your probation requirements, you can apply for early termination.

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  • I just received an email from the Mandatory Actions Unit of the DMV that I'm rather confused about. Does this make any sense?

    It said.. " Our records indicate that you were mailed an Order of Suspension on June 16, 2011, to the address of record, informing you that your license was suspended effective March 2, 2007, and informing you of the Departments restriction/reinst...

    James’s Answer

    The DMV is a governmental agency with employees that are well known for making mistakes. And the tough part is getting them to correct such errors. It sounds like a mistake was made here. So take all your paperwork to the DMV and see if they will straighten it out. If not, you can file a writ of mandumus in court that will compel the DMV to correct its error.

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  • Why was my friend charged with HS 11360(A) instead of 11360(B} when he had less than half an ounce of weed?

    He offered a man and his son (age unknown) a marijuana bud for helping him when he got locked out of his car. He was pulled over shortly thereafter and arrested. His bail is set at $35,000 - first offense.

    James’s Answer

    You should definately contact an attorney. If money is tight, and you don't want to forfeit the amount that the bail bondsman charges, we can likely get him released without bail, or get bail drasstically reduced at the arraignment. The DA might be able to offer a very good deal becasue the facts against him are very weak.

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  • My misdemeanor trial is set for 11/26...how can i move it up to 10/10?

    I want this done ASAP

    James’s Answer

    Call the clerk or go to the courthouse to request a continuance.

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  • My misdemeanor trial is set for 11/26. How can I get it moved up to Oct 15th?

    Just want to get this done so I can travel.

    James’s Answer

    You can call the clerk or go to the courthouse to request a continuance.

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  • How can I collect from my ex-boyfriend for unpaid debt and half of the rent?

    My boyfriend and I broke u.p and he left without notice, took some of his stuff and left alot of his stuff without a notice. Because of him I am facing some financial hardship including a possible inviction.

    James’s Answer

    You will need to prove that whatever money you gave him was not a gift, meaning that you did not have donative intent. I'd reccomend that you hire an attorney to draft a demand letter then sue him if he won't pay.

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