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Oklahoma Questions & Answers
1 Answer | Asked in Social Security for Oklahoma on
Q: After being incarcerated for 4 years, I'm being told I must begin all over again to get my SSDI benefits, is this true?
Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Aug 2, 2021

Yes. You will need to file a new application for benefits. Benefits are ceased after 12 months of incarceration. If your minor children were receiving benefits because of your disability those likely continued while you were gone.

1 Answer | Asked in Domestic Violence and Family Law for Oklahoma on
Q: What do I need to do or what can I do about a charge that is false, Domestic Violence and Asslut and Battery...

My Daughter who is 17 is pressing charges on me, with the advice of her friend and friends mom which is unexceptable,, she doesn't live with me she lives with dad in Talequah and I stay in wagoner,, I can't understand how this is fair or even possible to go on... Please I don't know... Read more »

Pete David Louden
Pete David Louden answered on Aug 1, 2021

First thing is hire an attorney now. Dont wait until later. Do not make any statememts to police or discuss this case with anyone other than your attorney.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I've wrnt in cleav. co. Ok for not chekn back to PO , payed 1nce on fines and did no comm. Serv. Happend 3yrs ago

I only reported in to p.o 1 time and payed on fine 1 time but have done zero community service. (Though I do volunteer at meals on wheels but feel it would be in poor taste to claim comm. service for my volunteer work) the law about meth possession has changed since my plea so if I turned myself in... Read more »

David A. Cincotta
David A. Cincotta answered on Jul 30, 2021

There is nothing wrong with counting the hours spent volunteering with meals-on-wheels as community service, as that is what community service is (volunteering your time for the betterment of the community). You will need proof of the hours you worked and I'm not certain whether... Read more »

1 Answer | Asked in Energy, Oil and Gas for Oklahoma on
Q: I have a mineral deed for a producing well in Oklahoma that has a term interest of 99 years that is about to expire.

My question is in Oklahoma if a well is producing shouldn't it continue? What is the law regarding a producing well?

James Tack Jr
James Tack Jr answered on Jul 28, 2021

Whether the term interest continues past the 99 year term is dependant on the exact wording in the instrument which created the interest. There are fixed term interests. For example "for a term of 99 years." And there are interests which continue for as long as there is production from... Read more »

2 Answers | Asked in Car Accidents and Employment Law for Oklahoma on
Q: I was rear ended in company car while working. I am suing the trucking company that hit me. Should I sue Work Comp too.

The Attorney I hired for the personal injury, referred me to a workers comp attorney as well. I have reached MMI after a lumbar fusion but I still have a pinched nerve in my neck from whiplash that causes complications . My comp attorney is acting like I should just take what WC offers and has not... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jul 27, 2021

MMI is a bogus concept invented by insurance companies. Be guided by what the injury attorney has to say. It sounds like you have signficant issues, and fusions are never mmi as the person can develop pain and other issues as the fusion puts more strain on the discs above and below the point of... Read more »

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1 Answer | Asked in Family Law and Child Support for Oklahoma on
Q: Can I get an itemized statement showing all payments&charges on my case? I'm the non-custodial parent.

Why is DHS still taking the full amount of support, $556, even though both of my kids have turned 18 (as of 1/16/21) and are out on their own? Since the case was established $506 went to current and $50 went to back. I thought once current ended only the $50 for back would be collected unless she... Read more »

Pete David Louden
Pete David Louden answered on Jul 24, 2021

DHS will often continue to take out the same amount unless/until the wage assignment is changed. You can get an attorney to help you try to lower the payment. You can also request an accounting of payments.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: In the state of oklahoma how much time can u get for the following charges possion of cds conspiracy to commit a felony,

Poss possession with intent to bring into a penal institution, possession marijuana, position of pharanellia, open container

Tracy Tiernan
Tracy Tiernan answered on Jul 24, 2021

You need to contact a criminal defense attorney to get exact statutory language and numbers, but possession of CDS is a misdemeanor and, in Oklahoma state courts, carries up to one year in the county jail and up to $1000 fine. I believe Conspiracy to Commit a Felony is a felony and carries up to... Read more »

1 Answer | Asked in Family Law for Oklahoma on
Q: does opposing counsel have to provide emails between paralegal and client? even if they filed a motion to compel
Pete David Louden
Pete David Louden answered on Jul 24, 2021

Are you represented by an attorney?

1 Answer | Asked in Family Law and Civil Rights for Oklahoma on
Q: does a paralegal have to turn over emails between client to opposing council

a paralegal and client have confidential emails. the opposing council filed a motion to compel. Since being refused those emails. does the other council have to produce those emails to the opposing team?

Pete David Louden
Pete David Louden answered on Jul 24, 2021

Do you have an attorney representing you and supervising the paralegal?

1 Answer | Asked in Family Law for Oklahoma on
Q: How long does a legal ad in a paper have/need to be published for?

My daughter wants to change her last name to mine, her mom, she’s 14 almost 15. I have filed the petition and a hearing has been set. I know he lives in the city but that’s it. I was told to publish it in the paper so he has the opportunity to object. He’s not really in her life and not in a... Read more »

Pete David Louden
Pete David Louden answered on Jul 22, 2021

In addition to publication you may need to also serve the father notice. Name changes are covered by 12 O.S. Sec 1631. If you are not sure what to do or how to do it, you can save a lot of time and frustration by hiring an attorney to help you.

Best of luck!

1 Answer | Asked in Bankruptcy and Collections for Oklahoma on
Q: Are there any free resources to help file Bankruptcy? I lost a Business due to Covid and I'm unable to pay for filing
Timothy Denison
Timothy Denison answered on Jul 22, 2021

You can petition the court to pay in installments or to waive the filing fee entirely.

1 Answer | Asked in Child Custody for Oklahoma on
Q: I have filed papers for custody by abandonment. What else do I need to do?
Pete David Louden
Pete David Louden answered on Jul 21, 2021

Custody by abandonment?

Did you file this based on something you found on the internet or did an attorney do this?

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: if there are three names on deed yet two are husband and wife, do they hold the majority if property is sold?

in Oklahoma

James Tack Jr
James Tack Jr answered on Jul 21, 2021

It depends upon the wording of the deed. Without specific wording they each own an undivided 1/3 interest. Each can do with their interest as they please. There is no "majority vote." The only way one interest owner (whether owning 1/3 or 2/3) can cause the other owners to sell their... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I was bonded out on a $20,000 Bond went to court was told that I couldn't get a court-appointed lawyer

I have no job I can't afford a lawyer felony possession of a firearm

Tracy Tiernan
Tracy Tiernan answered on Jul 16, 2021

Public defenders, or other state provided criminal defense attorneys, are generally reserved for the indigent or poor. First and foremost they are responsible for representing the majority of in custody criminal defendants who don’t have the money to bond out and go home pending the resolution of... Read more »

1 Answer | Asked in Criminal Law and Tax Law for Oklahoma on
Q: How do I report title jumping?

I traded a motorcycle for a truck and he never sent me a title. I found out the truck isn’t even in his name..

Jessica Brown
Jessica Brown answered on Jul 16, 2021

I’d probably start by contacting the Attorney General’s office - specifically the consumer protection division. It might also be worth filing a police report for fraud and you could have a civil fraud claim against this person as well.

1 Answer | Asked in Uncategorized for Oklahoma on
Q: what do i do if my 16 year old leaves his fathers house?

My 16 year old left his dad and came to my house. His dad has been threatening to kick him out for at least 6 months. His dad has text me two different times about him coming to stay with me. I am more than willing and happy to have my son come live with me because I understand the living... Read more »

Jessica Brown
Jessica Brown answered on Jul 16, 2021

It sounds like you might need an emergency motion to modify whatever underlying custody agreement / order is currently in place.

If no order is in place, then your kid can stay with either parent.

1 Answer | Asked in Civil Rights, Criminal Law and Juvenile Law for Oklahoma on
Q: If a minor raped an adult in the state of Oklahoma, is there legal action that can be taken?
Jessica Brown
Jessica Brown answered on Jul 16, 2021

Yes - both criminally and maybe civilly.

1 Answer | Asked in Landlord - Tenant for Oklahoma on
Q: What are my rights and responsibilities and actions I need to take if house isnt sound and landlord hasnt fixed the

Problem and it's been over a year.. and its affecting my energy costs

Jessica Brown
Jessica Brown answered on Jul 16, 2021

That’s a big question. I’m not sure what the “house isn’t sound” means.

If you search the Oklahoma Bar Association’s website, they have detailed information about landlord tenant responsibilities. So does Legal Aid.

1 Answer | Asked in Uncategorized for Oklahoma on
Q: Is there a statute of limitations to filing charges on vpo?

I have police reports of the vpo but no charges were filed

Jessica Brown
Jessica Brown answered on Jul 16, 2021

Not really. If you’re in danger or risk of imminent harm, you can file a VPO.

That said, if your abuser has left you alone for over 15 years and shows no sign of coming around, you could have court costs assessed against you.

3 Answers | Asked in Divorce for Oklahoma on
Q: How could I get an easy divorce being that he does have abandonment which has now been 15 yrs
Jessica Brown
Jessica Brown answered on Jul 16, 2021

In Oklahoma, you could get a default divorce. If you’re in a bigger county, their law library might have resources or special free/low cost programs. Legal Aid’s website also has forms and helpful information.

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