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1 Answer | Asked in Child Custody for Oklahoma on
Q: How do I get as pro bono lawyer
Howard Berkson
Howard Berkson
answered on Nov 13, 2013

Your best bet is to check with Legal Aid of Oklahoma at http://www.legalaidok.org/

1 Answer | Asked in Child Custody for Oklahoma on
Q: What is a foreign child custody determination actually mean?
Howard Berkson
Howard Berkson
answered on Nov 13, 2013

Usually, when a court uses the word "foreign," it means a court from another state. So, in this case, the phrase probably refers to a child custody determination made in a court outside of Oklahoma.

2 Answers | Asked in Civil Litigation for Oklahoma on
Q: I cannot afford the amount my wages are being garnished. What can I do?

My wages are being garnished to the point that I have to work a lot of overtime just to make ends meet. I was already being garnished for child support. Yesterday when I picked up my check I found out that my former apartments have garnished my wages for unpaid rent. When I was evicted in 2010,... View More

Howard Berkson
Howard Berkson
answered on Nov 13, 2013

Garnishment amounts are typically determined by formula and the usual reaction by courts is that you must learn to live within what is left. There are different caps depending on why each garnishment was levied against you and there is a total cap for all garnishments. You should have received... View More

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1 Answer | Asked in Energy, Oil and Gas for Oklahoma on
Q: Two Questions both in Ok. First in Dewey County, 2nd Roger Mills

1) In Dewey County, i have leased minerals, producing well in a section. Another company drilling in formation below the producing formation. I have depth clause, they says this can happen. However, my existing lease with Chesapeake, expires in NOV 2013. They have first option to lease. My question... View More

Howard Berkson
Howard Berkson
answered on Nov 13, 2013

There is no short or easy answer to either question based on the information provided. Both require inspection of documents (at the very least the leases). The second, in particular, will require face time with an attorney.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: What is the punishment for a felony drug charge for a first time offender with a clean record?
Howard Berkson
Howard Berkson
answered on Nov 12, 2013

There is no precise answer to your question. There are too many factors to be considered. I will name a few: which charge was leveled against you, how many charges were leveled against you, aggravating circumstances like child endangerment or use of a firearm, and the strength of the evidence... View More

1 Answer | Asked in Family Law for Oklahoma on
Q: In Oklahoma at what age can a child decide which parent to live with?

Parents have joint custody right now. Child is almost 12 yrs old. What is the legal process to make the change?

Howard Berkson
Howard Berkson
answered on Nov 12, 2013

Technically, a child cannot decide which parent to live with. The child will have to become an adult to be able to make that decision independently. However, an Oklahoma court will consider the child's wishes and the more mature the child is the more weight the court will give to those... View More

1 Answer | Asked in Probate for Oklahoma on
Q: When your parent dies and has no will does thier assets, property, interests in oil and gas rights who does it go to?
Howard Berkson
Howard Berkson
answered on Nov 12, 2013

A person who dies without a will is legally said to have died "intestate." A probate court will distribute the estate following the rules of intestacy - the rules for when there is no will to apply. The division of the assets in the estate typically depends on whether there is a... View More

1 Answer | Asked in Municipal Law for Oklahoma on
Q: Can I post on my neighbors side of MY fence “No Trespassing” and “Private Property” signs and enforce them?

I live in Tulsa County. I have a neighbor that piles objects up against my fence and has damaged about 35’ of fencing. He has been asked numerous times to stop to no avail!

I own the fence and it is 6” inside my property line. I am going to have to replace the fence because of the damage... View More

Howard Berkson
Howard Berkson
answered on Nov 12, 2013

As to the signage, it depends on the section of the county in which the fence is located and whether it is within any city limits. However, regardless of the sign issue, if your fence is on your property and your neighbor has piled stuff against your fence, then your neighbor has probably... View More

1 Answer | Asked in Appeals / Appellate Law for Oklahoma on
Q: What happens after an appeal court rules in your favor?

Past job tryied to state injuries were due to a diformity. I appealed and they said there wasn't enough proof to show it wasnt work related.

Howard Berkson
Howard Berkson
answered on Nov 12, 2013

There are a lot of ways the Appellate Court can rule in your favor, so I cannot answer your question very directly. What you do next depends on what, precisely, the court ruled.

1 Answer | Asked in Tax Law for Oklahoma on
Q: Where can i find irs rules/laws concerning employee pre tax purchasing of vacation time to be used during the year
Howard Berkson
Howard Berkson
answered on Nov 11, 2013

You can always check the IRS website at http://www.irs.gov However, it can be difficult to navigate the complex rules or find the right document without guidance. You should consult with a certified public accountant (CPA) or an attorney who practices tax law.

1 Answer | Asked in Energy, Oil and Gas for Oklahoma on
Q: My mom inherited royalities in grady county oklahoma.her will does not have a notary seal on it is it legal in okla
Howard Berkson
Howard Berkson
answered on Nov 11, 2013

There are various reasons that can cause a will to be valid or invalid. Ordinarily, a will does not need to be notarized. However, a "self-proving" will must be notarized, but the absence of a notary may not invalidate the will. You should consult with an attorney who is able to review the will.

1 Answer | Asked in Collections for Oklahoma on
Q: How long am I liable for debt incurred in 2005?
Howard Berkson
Howard Berkson
answered on Nov 11, 2013

That depends on the terms of the debt agreement, whether the debt would be considered "consumer debt," and other factors. We don't have enough information to answer your question more clearly.

1 Answer | Asked in Child Custody for Oklahoma on
Q: I need an attorney for a custody battle but i dont have the money to afford one so where can i get an attorney?
Howard Berkson
Howard Berkson
answered on Nov 11, 2013

Check with Legal Aid at http://www.legalaidok.org to see if you qualify for free or reduced cost legal assistance.

1 Answer | Asked in Employment Law for Oklahoma on
Q: If a job asks if you committed a felony in the last 7 years and they go back further is that discremination
Howard Berkson
Howard Berkson
answered on Nov 11, 2013

That is probably not discrimination all by itself. It might be illegal discrimination if the employer does not go back the same amount of time for all applicants. Also, there are other background check practices that can cause problems for the employer, but it is unlikely you would be able to... View More

1 Answer | Asked in Insurance Bad Faith for Oklahoma on
Q: My daughter was struck from behind & offending drivers ins. not wntng to pay med bills w/out a signed release
Howard Berkson
Howard Berkson
answered on Nov 9, 2013

Ordinarily an insurer will want to make a single payment in settlement of the entire matter. There is not enough information here to determine if the settlement attempt is proper or if the settlement amount is in your daughter's best interest. You should consult with an attorney.

1 Answer | Asked in Business Formation for Georgia on
Q: Can I form an LLC on my own?
Howard Berkson
Howard Berkson
answered on Nov 2, 2013

Check with your Secretary of State for information about the act of forming a LLC. However, there's more to it than simply filing the paperwork. You should consult with an attorney for advice about the proper way to manage your LLC to get the most benefits while also avoiding as much... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Can i ask to see evidence from raid on my house in court?
Howard Berkson
Howard Berkson
answered on Nov 2, 2013

Probably. See Title 22, chapter 32 of the Oklahoma statutes. There are some things you only get if you ask for them. Other things, the state should turn over to you or your attorney. If you believe the state is not providing information to you that it should, consult with an attorney to explore... View More

2 Answers | Asked in Contracts for Indiana on
Q: Can I absolve this debt and how?

I co-signed at a buy here pay here car place several years ago. The owner of the car has not paid over $4000 on the car and is refusing to pay so the debt is landing on me. I have not even seen the car in over 3 years. I recently had a court date without any representation, the owner of the car did... View More

Howard Berkson
Howard Berkson
answered on Nov 2, 2013

Probably not. However, rights of the co-signer differ significantly across the states, so you will have to talk to an attorney in your area for details. Additionally, you will want to talk to that attorney about the possibility of suing the title owner of the vehicle for the outstanding amount.

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1 Answer | Asked in Employment Law for Oklahoma on
Q: My wife's employer says she has to resign. what are her rights?
Howard Berkson
Howard Berkson
answered on Nov 2, 2013

The issue is whether the employer or the employee is responsible for ending the relationship. An employer can terminate employment or not terminate employment. However,a business ordinarily has no power to force an employee to resign. Even so, there are exceptions. You will have to discuss the... View More

1 Answer | Asked in Employment Law for Oklahoma on
Q: My boss owes me money. How can I make him pay me. It was a verbal contract

When he hired me I turned down a good job with a stable company. He told me I would make around $1000 per week.

Howard Berkson
Howard Berkson
answered on Oct 30, 2013

A verbal contract is theoretically enforceable. The first issue you have to deal with is proving that a contract was formed. You should consult with an attorney who, with the details of your situation, can better evaluate whether legal action would be a good idea.

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