Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Doak Willis
1 Answer | Asked in Contracts, Construction Law and Landlord - Tenant for Oklahoma on
Q: living in this rental home since march of 2019. In May of that year the heat/air entire unit went out. what can I do?

I have been with no air all summer, do have window units but its now winter and I have 2 dogs that stays inside. there is no heat provided at all. The air ducts and installation is still not installed and its been like that since May 2019. At time of the lease signing everything was working.

Doak Willis
Doak Willis answered on Nov 4, 2019

You must contact the landlord in writing notifying him/her of the problem.Title 41 section 121 of the Oklahoma statutes can be read by you but says the following. C. Except as otherwise provided in this act, if, contrary to the rental agreement or Section 18 of this act, the landlord willfully or... Read more »

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 Family Law and Adoption for Oklahoma on
Q: I want to adopt my wife's 30 year old daughter. everyone involved wants this to happen. what cost is involved?

I'm in yukon ok, Canadian county

Doak Willis
Doak Willis answered on Nov 4, 2019

Paying an attorney for the adoption which runs anywhere from $1500 plus court costs up to whatever the market where you live charges.

1 Answer | Asked in Family Law for Oklahoma on
Q: How would a teen get emancipated?

Child’s parent is too hard upon child.

Doak Willis
Doak Willis answered on Nov 4, 2019

Just because a parent is too hard on a child is not sufficient grounds to emancipate a child. There are statutory prerequisites that must be met before a petition can be filed on behalf of a child for emancipation. You need to hire an attorney to speak to him/her about the requirements and have... Read more »

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: Where is the formal petition for termination of guardian?

Biological father wants to dissolve a guardianship

Doak Willis
Doak Willis answered on Nov 4, 2019

There is no formal petition to terminate a guardianship. A motion must be filed along with an order for hearing which must be served upon the guardian to terminate the guardianship. The reason and purpose that the guardianship was created for on the ward must be shown at that hearing as having been... Read more »

1 Answer | Asked in Family Law for Oklahoma on
Q: if the mother has made false accusations about the father, is it grounds for termination of his rights? what to do next?

the father is being treated as if his rights have been terminated, based on false info from the mother, who has failed to comply with the courts & has been unconfronted by the courts for non compliance. meanwhile, father is denied visitation etc. **this is for oklahoma not new mexico**

Doak Willis
Doak Willis answered on Nov 4, 2019

Get an attorney immediately to rectify this situation. You will need an attorney.

1 Answer | Asked in Child Custody, Child Support and Family Law for Oklahoma on
Q: 60/40 is the plan. He only typically has them every other weekend. I want to change the custody. He won’t agree.

He doesn’t want to pay more child support but wants to do what the kids wants and they want to be with me. How can I change this? He makes twice as much money and I take a low job to keep the kids on the schedule which is benifical to him as no daycare is needed. The kids vary rarely even stay... Read more »

Doak Willis
Doak Willis answered on Nov 4, 2019

You have not said if this is a joint custody case or you have sole custody. You need to hire an attorney to file a motion to modify the Decree requesting a change in custody to full custody or if you already have that then request a modification of the visitation and child support.

1 Answer | Asked in Family Law for Oklahoma on
Q: I would like to pursue a petition to request guardianship for an adult must an attorney create that

I am a senior citizen on limited income

Doak Willis
Doak Willis answered on Nov 4, 2019

Unless you know how to create the necessary documents that must be filed in court and served upon the ward, then you will need an attorney.

1 Answer | Asked in Divorce, Family Law and Child Support for Oklahoma on
Q: I was married in 2009 I got a divorce and I have a court order for me to pay child support I produced a DNA test during.

I produced a dna test during the divorce and the judge threw the DNA test out and forced me to pay child support

Doak Willis
Doak Willis answered on Nov 4, 2019

I suppose your question is why you have to pay and he threw out the test. There are certain laws governing children born during the marriage which could be used in your circumstance to do what the Judge did in not allowing the test results. If you lived with the mother and child for two years for... Read more »

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: If I buy property at partition sherriff sale who pays the outstanding mortgage?
Doak Willis
Doak Willis answered on Nov 4, 2019

The amount of money you bid will go to pay the outstanding mortgage. The mortgage holder usually bids enough to cover their mortgage and if outbid them then your money you pay upon confirmation of the sale will be sent to them.

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Oklahoma on
Q: Do still have to pay child support if I terminated my rights as an parent?
Doak Willis
Doak Willis answered on Nov 4, 2019

Yes, unless the child has been adopted by another person. Just because your rights are terminated doesn't relieve the responsibility of having to support the child.

2 Answers | Asked in DUI / DWI for Oklahoma on
Q: I got a DUI in 2007 ,misdemeanor charge, after 10 years can I just pay my reinstatement fee and get my license back?
Doak Willis
Doak Willis answered on Nov 4, 2019

No. You will have to have a drug and alcohol assessment done and follow the recommendations of that testing. Depending on the facts of the case, you may have to attend a DUI school so to speak for a number of hours. The DPS of Oklahoma has offices in several larger counties around the State that... Read more »

View More Answers

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 Real Estate Law for Oklahoma on
Q: I am selling my house and signed a contract with buyer for $X. Appraisal came in $X-7 so closing got postponed while

buyer tried to straighten out. 10 days later, no progress. Is this contract null and void? I want to put house back on market.

Doak Willis
Doak Willis answered on Sep 12, 2019

Only a Court can determine whether a contract is null and void. If you are seeking to terminate the contract, you must get an agreement with the buyers.

2 Answers | Asked in Real Estate Law for Oklahoma on
Q: Can a life estate be terminated if the owner of the life estate has abandoned the property?
Doak Willis
Doak Willis answered on Sep 12, 2019

Yes. You must see an attorney to get it properly terminated however.

View More Answers

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: Co Heir sold property via Quit Claim Deed...part two

Thank you for the quick response. co heir sold property using a quit claim deed then the property was then sold to another party with a Joint tenancy warranty deed. There never was a probate case. We were unaware that the property existed because we were told at the funeral that my granddad sold... Read more »

Doak Willis
Doak Willis answered on Aug 1, 2019

Any attorney you speak with about this issue will be unable to give you a good answer until he/she is able to see the different deeds you speak of and the quiet titles you speak of along with a few more facts.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: Can a Quiet Title be successfully challenged?

Our property was sold fraudulently. The buyers must have known something about the fraud because shortly after the sales quiet title actions were filed. Can a quiet title ever be successfully overturned?

Doak Willis
Doak Willis answered on Aug 1, 2019

If the quiet title action has been completed to Judgment, it would be very difficult to overturn that Judgment. If it has not gone to judgment, you can win some quiet title cases depending of course on the facts of the case.

1 Answer | Asked in Traffic Tickets for Oklahoma on
Q: I have court tomorrow can i grt arrested if i have past due tickets and a missed court?
Doak Willis
Doak Willis answered on Jul 29, 2019

Yes. If brought to the attention of the Judge, he or she will order you to jail if there is an outstanding warrant.

1 Answer | Asked in Family Law and Child Support for Oklahoma on
Q: Can I owe back child support even if I'm paid up due to a recent increase in payment because salary raise?

I am paid up on child support, did not owe any back child support. Recently received letter stating my payment was to increase. I did not contest this as my wages have gone up recently, but now they are saying I owe $3000 in back support. Why is this? Are they going back to when I first got the new... Read more »

Doak Willis
Doak Willis answered on Jul 29, 2019

The Court cannot go back to the point you received a salary increase unless that was the same date the motion to modify your child support was filed. In other words, the date of filing for the modification will be the date that your income from that date forward will be used to calculate your new... Read more »

1 Answer | Asked in Child Support for Oklahoma on
Q: My step daughters father hasn’t paid child support in more than 16 years

My wife is considering taking the issue to a judge now that he is back in the child’s life. However she has read that if there is child support owed in excess of 10k the person can go to jail and we don’t want that for him(he finally has his life back on track) is there a way to do this without... Read more »

Doak Willis
Doak Willis answered on Jul 29, 2019

Yes. An attorney can prepare the necessary paperwork to reduce the arrearage to Judgment and set up payments without requesting contempt proceedings.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.