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Questions Answered by Howard Berkson
1 Answer | Asked in Appeals / Appellate Law for Oklahoma on
Q: What is the appeal court for breach of contract dispute
Howard Berkson
Howard Berkson
answered on Nov 22, 2013

A civil case from an Oklahoma District Court is appealed to the Oklahoma Supreme Court. But, unless the case involves some important issue, the Supreme Court will ordinarily send the case to the Oklahoma Court of Civil Appeals for review. In that case, you can still ask the Oklahoma Supreme Court... View More

1 Answer | Asked in Employment Law for Oklahoma on
Q: How long does it take for a Judge to rule on an ERISA case in federal court for the Eastern District of Oklahoma?
Howard Berkson
Howard Berkson
answered on Nov 22, 2013

There are a lot of variables, so there is no single answer. Some of the big factors include the Court's workload, the complexity of the case, where you are in the lawsuit, and the amount of "combat" going on between the attorneys. ERISA cases can be very complicated and the federal... View More

1 Answer | Asked in Collections for Oklahoma on
Q: How can a collection agcy. Sue you for a unpaid bill that is expired beyond the statue of limitations?
Howard Berkson
Howard Berkson
answered on Nov 22, 2013

The collection agency can sue you for a debt that is beyond the statute of limitations. You just have to assert the statute of limitations defense in your answer and it should be a very short lawsuit. However, it's always best to consult with an attorney about how to handle a lawsuit,... View More

1 Answer | Asked in Collections for Oklahoma on
Q: How can I get my money back asap?

I took payments over for a car and paid it off not knowing that the person used the car as collateral for a loan she is not paying off. I cannot get the car registered under my name because of the lien that is still on it under her name.

Howard Berkson
Howard Berkson
answered on Nov 22, 2013

It's possible the lien is valid, depending on whether the original owner had authority to use the vehicle for collateral on the second loan. You may be able to take legal action either to get her to pay the debt or to remove the lien from your title. You should consult with an attorney.

1 Answer | Asked in Collections for Oklahoma on
Q: How do i obtain a lien release on a debt that was paid and the owner refuses?
Howard Berkson
Howard Berkson
answered on Nov 22, 2013

The lien is a "cloud" on your title to the property. You need to talk to an attorney about a "quiet title" action, which is the name of the type of lawsuit used to remove or clarify uncertainties in property ownership.

1 Answer | Asked in Banking for Iowa on
Q: What should I do when a Room-mate steals everything I have?

Used my checking account. She had her name on the account.Wrote bad checks, withdrew ALL the money, never recorded what was taken, never told me she took it, never gave me the money!!

Howard Berkson
Howard Berkson
answered on Nov 22, 2013

Call the police to see about initiating criminal proceedings. Talk to an attorney about civil proceedings. I would do both. However, if you and your roommate shared a checking account, then her use of funds in that account probably did not constitute theft.

1 Answer | Asked in Collections for Oklahoma on
Q: Is there a lien for creditors to file against a deceased persons estate?
Howard Berkson
Howard Berkson
answered on Nov 22, 2013

You can file a lien against assets in a decedent's estate. Generally, that is done while the estate is in probate. There are, of course, special situations and exceptions.

1 Answer | Asked in Business Formation for Virginia on
Q: How can a Virginia LLC (sole prop.) convert to a corporation with 4 family member board with shares distributed equally?
Howard Berkson
Howard Berkson
answered on Nov 22, 2013

Talk to an attorney about the best way to do that: there are multiple options, depending on what you are trying to accomplish other than a "simple" change of form. Make sure you talk to your attorney about how your operating agreement and bylaws may need to change as you move to... View More

1 Answer | Asked in Banking for Missouri on
Q: Can my wife be sued for a credit card debt from 11 years a go?
Howard Berkson
Howard Berkson
answered on Nov 22, 2013

You can be sued for wearing a red shirt, but that doesn't mean the plaintiff will win. It is unlikely that a lawsuit against your wife on a debt from eleven years ago would be successful because the statute of limitations in your state appears to be 5 years. Consult with a Missouri attorney... View More

1 Answer | Asked in Landlord - Tenant for Oklahoma on
Q: Can I recover damages for landlord being late on delivery of possession for commercial space?

Landlord over 1.7 months late in delivery of possession.

Howard Berkson
Howard Berkson
answered on Nov 21, 2013

Ordinarily, the landlord must deliver physical possession at the beginning of the lease period and is liable for damages if he fails to do so.

1 Answer | Asked in Landlord - Tenant for Oklahoma on
Q: I am selling my land & have renter with a mobile home how long do I need to give them to move?
Howard Berkson
Howard Berkson
answered on Nov 21, 2013

That depends on the terms of the lease you have with the renter.

1 Answer | Asked in Landlord - Tenant for Oklahoma on
Q: Can a landlord use my deposit to pay for "standard cleaning and shampooing"?

I left my apartment in the same condition as it was in when my lease started. I had a month to month contract and was there for 2 months as a means for living while I did an internshp. The apartment sent me my deposit back with $135 taken out with no receipts. I called and she told me it was for... View More

Howard Berkson
Howard Berkson
answered on Nov 21, 2013

It depends on what was in your lease. Leases often specify certain non-refundable fees for tenant changeover, like painting or carpet cleaning.

1 Answer | Asked in Landlord - Tenant for Oklahoma on
Q: We own the land my father's mobile home is on. He rents it to a third party. We don't want his wife on the property.

Her name is not on the title of the mobile home nor on the lease we have with our father. We have informed her she is not welcomed on the property. She likes to sue people. We have required him to provide liability and renter's insurance. Should we have him add us as a rider for the insurance?

Howard Berkson
Howard Berkson
answered on Nov 21, 2013

You should notify the wife in writing that she is not to come onto your property. You should send the notification in a manner that requires her to sign for it and you should have witnesses to the contents of the notice and to your having sent it. You may be able to get on your father's... View More

1 Answer | Asked in Landlord - Tenant for Oklahoma on
Q: If I rented a home knowing it needed a paint job and a make over, but the land lord fails to mention the health hazards

Such as mold, sewage, busted water pipes, ect.. What are my rights as a tenant that didn't have the money to just up and find another place.

Howard Berkson
Howard Berkson
answered on Nov 21, 2013

Under Oklahoma law, landlords have a duty to maintain leased premises in a reasonably safe condition. If the place is not "unsafe," it may still be unsuitable for human residence, and the standard is ordinarily the local housing code. If the home is either unsafe or in violation of... View More

1 Answer | Asked in Landlord - Tenant for Oklahoma on
Q: How can you get out of a year lease? my lease was signed in may 2012 but sence then have lost my job.
Howard Berkson
Howard Berkson
answered on Nov 21, 2013

In Oklahoma, you can ordinarily terminate a one year lease with three month's notice. See title 41, Section 5. Even so, you should consult with an attorney before attempting early termination of any contract.

1 Answer | Asked in Landlord - Tenant for Oklahoma on
Q: I live in Oklahoma I have a gas leak but my landlord wont fix it. What can I do about it?
Howard Berkson
Howard Berkson
answered on Nov 21, 2013

Under Oklahoma law, landlords have a duty to maintain leased premises in a reasonably safe condition. You should talk to an attorney after you report the gas leak to the gas company.

1 Answer | Asked in Insurance Defense for Oklahoma on
Q: Not divorced yet. We are separated. She doesn't work, has forgotten to pay her health insurance, am I obligated to pay?
Howard Berkson
Howard Berkson
answered on Nov 20, 2013

We don't have enough information. It depends on whether the insurance is through your employer and whether insurance payments are addressed in your separate maintenance decree or agreement.

1 Answer | Asked in Business Law for Nevada on
Q: Can I get a statement of good standing for my Nevada corporation without using the services of an agent or attorney?
Howard Berkson
Howard Berkson
answered on Nov 20, 2013

Probably. Check with the Nevada Secretary of State's office.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: WHAT DOES IT MEAN WHEN IT SAYS REQUEST TO EXTEND DEFENDANT'S APPEARANCE FOR GOOD CAUSE SHOWN
Howard Berkson
Howard Berkson
answered on Nov 13, 2013

Courts do not like to change schedules or simply let people fail to appear when they are supposed to. So, to change the date of your appearance or to get your failure to appear excused, you must show good cause. That means you need a really good reason and it would be a good idea to have proof... View More

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: What would be the process to clear the title where it incorrectly includes a minor child (in Oklahoma)?
Howard Berkson
Howard Berkson
answered on Nov 13, 2013

You need to a file a suit to "quiet title." A quiet title action is one used to clarify title to real property. Before filing a lawsuit, you should check with an attorney to assess the time commitment, costs, and probability of success.

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