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Kermit M Milburn

Kermit Milburn’s Answers

73 total


  • Can I get default judgment vacated and settlement agreement in Oklahoma?

    I received a default judgment in 2009 from Discover. They have agreed to a reduced rate settlement but I would also like to get it vacated so it will impact my credit more positively. What do I need to do? Are there particular forms I would use fo...

    Kermit’s Answer

    you can get a default judgment vacated if you were never served with process.

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  • Can small claims court papers in Rogers County, OK be served at the defendant's workplace, not his/her residence address?

    Our tenants moved out without proper notice and we just have their verified workplace addresses. And also, do we need to serve the papers to both the wife and the husband separately at their respective work?

    Kermit’s Answer

    yes you can serve defendants at work. You would need to serve both defendants to get a judgment against both. But if you obtain a judgment against one you can still collect against that person.

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  • Can I sue for false accusations of stealing money from work that I did not do!

    My deposits were stolen for the day I worked the owners said they couldn't find it on camera ..I stayed and 3 days later again my deposit was taken! We have no safe to put money in it was keep with all other employees deposits in a drawer where 3...

    Kermit’s Answer

    You could bring an action for slander if the accusations are false.

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  • Can I get Ernest money back?

    Last October my wife and I entered into a contact to build a new home. We put down 5k in Ernest money. The closing date on the house was April. It is now the end of May and construction has not even started. We only have this year until October to...

    Kermit’s Answer

    I believe you would be entitled to rescind the contract and have your earnest money returned depending on the facts of the case. I would need to review your contract. It would make sense that it requires construction to begin immediately upon payment of the earnest money.

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  • Do I need a real estate lawyer?

    My mother died in 2005 and she didn't have a will. My stepdad is needing my siblings and I to sign something so he can sell their lake house. Are we entitled to 50%?

    Kermit’s Answer

    You do not need a real estate lawyer, you need a probate attorney. If the lake house was not in JOINT TENANCY then you and your siblings would be entitled to more than 50% through the filing of a probate action by an attorney of your choice.
    Was the house owned solely by your mother? Did she have a one-half interest in the house?

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  • What do I need to do about my landlord not helping replace my stolen water pipes trying to kick me out BCof being short on rent

    Have asked everytime we paid him rent about the water well just saved enough money to turn water on a get supplies myself havin to pay somebody myself to fix this problem. He says nothing just wants money. Last time i checked my landlord didn't ev...

    Kermit’s Answer

    If you give proper legal notice of needed repairs to your rental property, you have the right to then make the repair and deduct if from your rent.

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  • Owner next door included part of my legal description on a note.

    Tried to sell my property. Cloud on title because historic note on property next door included part of my legal. Bank of America acquired bank that made the mistake. I have contacted Bank of America a number of times. No response. Hired attorney. ...

    Kermit’s Answer

    The bank slandering your title can be required to pay your legal fees for an action to clear title if you give the correctly give legal notice to them. Also, you could collect damages. Sorry your first lawyer did not get this corrected for you.

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  • My storage facility rented us a space that clearly had a rusted part in the ceiling, everything we have is moldy and destroyed.

    Insurance only covered $1000 and that's not even a fraction, never mind all the personal items that are moldy and irreplaceable. Can I recover more from the storage facility itself? I have tons of photos.

    Kermit’s Answer

    Depending upon what you contractually agreed to, I believe that you can recover from the storage facility for your damages. You rented the storage space to protect your items from the very thing that happened. You paid them monthly rent to keep your property out of the rain. They had a duty to protect your property.

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  • FAULTY PLUMBING AND SEPTIC INSTALLED..ALL MUST BE DUG UP AND REDONE PER DEQ!! CAN I SUE FOR FAULTY WORK ...NO CONTRACT

    INSTALLER LIED AND TOLD ME HE WAS CERTIFIED TO DO ALL AND HE IS NOT LICENSED TO DO SEPTIC WORK..ITS ALL WRONG AND NOW IM AT TOTAL LOSS FOR ALL PARTS AND LABOR...HE ISN'T RESPONDING TO DEQ ....CAN I EVER GET MONEY BACK THROUGH SMALL CLAIMS COURT??

    Kermit’s Answer

    I believe your judgment would be collectable. Once you have obtained Judgment, your attorney can have a "Hearing on Assets" to find any bank accounts and employers to garnish. IF they are doing any work for anyone else the Court can order the customers to pay you instead of the defendant.

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  • We have a 10 year guarentee on our foundation. It is only our third year and we have a crack in the garage & water is seeping i

    Do we have a case

    Kermit’s Answer

    Depending on the terms of your Guarantee, the foundation company should honor it's warranty and make the repairs itself. If it refuses to do so you could sue for the cost of a reputable company making the repairs and the replacement cost of items damaged due to the leak.

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