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Oklahoma Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law, Contracts, Collections and Small Claims for Oklahoma on
Q: In the state of Oklahoma can a creditor or a repo man pay somebody to tell them where a car is that's up for repo?
Anna L Self
Anna L Self answered on Jul 13, 2021

I am not aware of any law that would prohibit this so I believe they could.

1 Answer | Asked in Consumer Law and Arbitration / Mediation Law for Oklahoma on
Q: I need to file a Motion to Vacate arbitration decision.

Lawsuit has been filed. I'm the plaintiff.

014 Oklahoma Statutes

Title 12. Civil Procedure

§12-1874. Application to vacate an award.

Universal Citation: 12 OK Stat § 12-1874 (2014)

A. Upon an application and motion to the court by a party to an... Read more »

David H. Relkin
David H. Relkin answered on Jul 8, 2021

A motion to vacate based on "evident partiality" is a very tough motion. You need something more than a generalized suspicion that the arbitrator, though he works in the same business as your opponent in the Arbitration, was "evident[ly] partial."

Further, assuming that...
Read more »

1 Answer | Asked in Consumer Law and Contracts for Oklahoma on
Q: Bought a rv and signed paperwork now told interest rate was wrong and need to sign new paperwork is this legal?

We bought a travel trailer from a dealership and looked over paperwork and agreed upon the interest rate and payment, signed and took possession of the rv and 3 days later they call and say the paperwork was wrong and interest rate and payments are going to be higher. Is this legal after already... Read more »

Anna L Self
Anna L Self answered on Jun 11, 2021

You should have an attorney review the contract and other documents that you signed but generally contracts are binding upon the parties and they can't change the terms.

1 Answer | Asked in Consumer Law for Oklahoma on
Q: I have a remaining balance of 1,400 on signature lone and I can’t pay on it anymore what do I do

I have medical things that need done but can’t even afford the copays

Bernard S. Via III
Bernard S. Via III answered on Jun 3, 2021

If you are so far in debt and your income is limited you have an absolute right to file a chapter 7 bankruptcy (8 yr between bankruptcy filings). I have a cut off of around $10,000 in debt as when a person really needs to follow up with bankruptcy. If you do not pay they sue you and garnish your... Read more »

1 Answer | Asked in Consumer Law and Health Care Law for Oklahoma on
Q: Regarding medical bills that a law firm bought.

The hospital says they don't have any information about the bill. Can the law firm get an itemized statement from them without my consent?

Jessica Brown
Jessica Brown answered on Mar 22, 2021

I don't understand your question.

If the law firm represents you, then they can request a statement from the hospital with a signed medical release.

If a law firm is trying to collect payment on a hospital bill from you, the law firm can provide you a copy of that bill...
Read more »

1 Answer | Asked in Consumer Law and Collections for Oklahoma on
Q: Can credit card companies use plaintiff's different names when suing for credit card debt?

My girlfriend divorced about 3 years ago. Recently, a bank brought two different suits against her for two different credit card debts from when she was married. In one case the bank used her maiden name which she now goes by. But in the second case the bank used her former married name which... Read more »

Tim Akpinar
Tim Akpinar answered on Feb 11, 2021

An Oklahoma attorney could advise best, but your post remains open for two weeks. As a GENERAL matter, a claimant could use various forms of the defendant's name to cover all bases. This could also including using "A/K/A" in the caption. An Oklahoma attorney could offer the most... Read more »

1 Answer | Asked in Consumer Law, Divorce and Banking for Oklahoma on
Q: Am I financially responsible for my ex wife’s credit card?

She called me while I was at work and asked if I wanted another credit card. I told her no as I already have 3 personal credit cards and don’t want anymore. When I got home she told me she signed up for the card but didn’t put my name down. The bank account was in my name and which she used to... Read more »

Brian Boeheim
Brian Boeheim answered on Dec 16, 2020

It depends on a lot of things. The wording of your decree regarding debt, the timing of the purchases, and whether it is a debit or credit card. I wish I could help you more, but I would hire an attorney to help you clear it up.

2 Answers | Asked in Bankruptcy, Consumer Law and Employment Law for Oklahoma on
Q: If something is removed from my credit report that is being garnished does that mean the garnishment will stop
Timothy Denison
Timothy Denison answered on Aug 20, 2020

Possibly, but not necessarily. You will need to did a little deeper and see if the harm has been satisfied or released.

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1 Answer | Asked in Civil Litigation, Contracts, Land Use & Zoning and Consumer Law for Oklahoma on
Q: entered into a rental agreement over the phone. No signed lease. Have major water septic issues do I have to pay rent

I have text messages where he stated we would work out rent after the water and plumbing was fixed. Now he is refusing to move forward fixing problems till I pay two months rent that was not our agreement what grounds do I have to stand on?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 31, 2020

Unless you have a written lease agreement the "grounds you have to stand on" are commonly called quicksand. In the absence of a written lease, your landlord can evict you at any time unless you continue to pay rent; withholding rent is a sure-fire way to get evicted.

1 Answer | Asked in Business Formation, Business Law, Consumer Law and Small Claims for Oklahoma on
Q: How would I go about filling a claim against a company for False Advertisement on a large scale, hundreds of cases

I have contacted the BBB sent and the claim was resolved being that I was given assurance of my product being where it needed to be at a certain date and they emailed me (this was about 6 months ago) so.. I resolved it with the BBB thinking that everything was good yet they have continued to False... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 12, 2020

An Oklahoma attorney could advise best, as your matter could involve elements of state consumer law, but you await a response for two weeks. If you are contemplating handling the matter yourself, small claims, which you have already included in your categories, could be the most economical solution... Read more »

1 Answer | Asked in Consumer Law, Car Accidents and Insurance Defense for Oklahoma on
Q: Does the insurance have to total a vehicle if the repair costs surpass the Total Loss Threshold? Asking in Oklahoma.

The Total Loss Threshold is 60% in Oklahoma, the repair costs are currently around $25,000, the vehicle's value is around $37,000-$39,000.

Would they legally have to total it since it is over 60%?

Tim Akpinar
Tim Akpinar answered on Apr 2, 2020

This is really a question for an Oklahoma attorney, but your post remains open for four weeks. As a general matter without regard to any state-specific considerations, this issue comes up regularly in total loss determinations. Different states may use different thresholds. But where provided for... Read more »

1 Answer | Asked in Consumer Law, Contracts and Lemon Law for Oklahoma on
Q: Why does my carfax show a date 1-17-2019 and mileage at 101802 when I have a service report that's dated 1-7-2019 with

The mileage reported at 101989. How is it 11 days later the miles are reported to dmv at 101802? Seems fishy to me.

Please help seems like possible rolled back mileage.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 9, 2020

This is not a legal question; nor is it evidence of odometer tampering. It is a mistake.

1 Answer | Asked in Consumer Law, Lemon Law and Small Claims for Oklahoma on
Q: Car dealer wont let me return after 2 weeks of issues, says will look like repo and hurt my credit.

Bought car 2 wks ago. Issues since day 3, check engine light came on, returned to shop ON day 3, drove home a week later, 24 hrs later, check engine light again. Didnt drive for a few days, keyfob died and couldnt start car. Frustrated. Talked to shop about returning car, said that the 'return... Read more »

David Humphreys
David Humphreys answered on Jan 6, 2020

Google for a consumer lawyer with a free case review and email or call.

Too complicated to answer in the space provided.

1 Answer | Asked in Consumer Law and Criminal Law for Oklahoma on
Q: Police should be required to facilitate returning a stolen vehicle when recovered at no cost to owner. What can we do?

When a stolen vehicle is recovered police often call a towing service right away without even trying to contact the owner. Owner has to pay horrendous charges to get their vehicle back. It feels like extortion. No other theft is treated like this. If a citizen finds someones wallet, aren't... Read more »

Brian Boeheim
Brian Boeheim answered on Nov 19, 2019

I know this doesn't answer your question, but if they find the person who stole your vehicle and charge them, you can demand restitution for all damage to the vehicle and I believe towing and storage services. Upon conviction the person would be required to pay you or face incarceration.

1 Answer | Asked in Consumer Law and Small Claims for Oklahoma on
Q: I am being sued, and they said I was served but I wasn’t. Can this civil lawsuit be dropped on that basis?

The judgement was defaulted in the amount of $1550, since I didn’t appear because I wasn’t served at all.

Doak Willis
Doak Willis answered on Nov 4, 2019

Yes but you must file the necessary paperwork immediately and be ready to prove you were in fact not served.

1 Answer | Asked in Consumer Law, Criminal Law, Business Law and Collections for Oklahoma on
Q: I own a used car dealership. I have a truck a man never made a payment and hasn't for 3 months now tried repo larceny?

He apparently has sold it or parted it out

Brian Boeheim
Brian Boeheim answered on Nov 1, 2019

There is a larceny by fraud charge that may apply, but it is really more of a civil issue. If the vehicle is $10,000 or less, small claims court may be an inexpensive way to get a judgement on the person and gain access to any assets they may have. Boeheim Freeman Law... 918-884-7791

2 Answers | Asked in Bankruptcy, Consumer Law, Civil Litigation and Civil Rights for Oklahoma on
Q: How can I vacate a default judgement due to lack of jurisdiction

Default judgment when I did not reside in state was never served but served by publication but did not reside in the state. Judgment never domesticated to my state. Wages garnished

Timothy Denison
Timothy Denison answered on Sep 30, 2019

You’d better hire a lawyer to handle both for you.

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1 Answer | Asked in Consumer Law and Collections for Oklahoma on
Q: I completed a total remodel of a rent house now owner refuses to pay me, how can I collect my money
Doak Willis
Doak Willis answered on Sep 12, 2019

If you were the contractor, you can file a mechanics and materialmans lien on the property as long as it is not too long after you last worked on the property or supplied materials. Then if they don't pay, you can foreclose the lien.

1 Answer | Asked in Consumer Law for Oklahoma on
Q: What are our options?

Purchased new car. Traded in truck. Positive value after lein was paid off. Checked credit score 4 times each after financing and loan papers were signed. Now late payments on trade in they never paid off. Wanted payment made to dealer not finance company.

David Humphreys
David Humphreys answered on Sep 8, 2019

Hire a lawyer to take the case on a contingent fee basis.

1 Answer | Asked in Consumer Law, Copyright and Criminal Law for Oklahoma on
Q: What does PHA stand fir
Tim Akpinar
Tim Akpinar answered on Aug 30, 2019

It could stand for any number of things. It could be something dealing with Public Health, Public Housing, or possibly based on the name of a city or town. It's anyone's guess. If you received something that looks legal or formal that contains the abbreviation, contact the sender and ask... Read more »

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