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Questions Answered by Kyle Persaud
1 Answer | Asked in Civil Litigation and Small Claims for Oklahoma on
Q: If I am envolved in an Oklahoma Small Claims case can I ask the court to issue a subpoena for a witness to appear?
Kyle Persaud
Kyle Persaud
answered on Apr 17, 2019

Yes.

Okla. Stat. tit. 12 s 2004.1 says, "The clerk shall issue a subpoena, or a subpoena for the production of documentary evidence, signed and sealed but otherwise in blank, to a party requesting it, who shall fill it in before service."

Ask the court clerk to issue a...
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1 Answer | Asked in Car Accidents for Oklahoma on
Q: I was at fault for a minor fender bender on 2/20/19 and don't have insurance. Police report wasn't submitted till 03/18

What are my legal rights? I was going under 2mph but just now I'm receiving a $800$ estimate which I believe is beyond inflated, from potentially a fake company. I aknowledge I'm at fault but I have to many red flags to blindly pay that amount. What are my options at this point?

Kyle Persaud
Kyle Persaud
answered on Apr 16, 2019

Before you pay anything, you should make sure that any documents you receive, saying you owe money, are genuine.

You have the right to ask for proof that the documents are genuine.

1 Answer | Asked in Legal Malpractice for Oklahoma on
Q: Is it legal for a local city ordinance to be enforced if the ordinance has not been filed thru the county court clerk?

Nor has the ordinance been made available to the residents or anyone for that matter and city hall that enforces the ordinance can't provide a copy of the ordinance even after issueing a citation that exceeds the state law amount for that same citation?

Kyle Persaud
Kyle Persaud
answered on Apr 16, 2019

The ordinance doesn't have to be filed with the county clerk. However, the title of the ordinance does have to be published in the newspaper. Also, the ordinance has to be made available in the office of the municipal clerk (that's different from the county clerk.

Okla. State Tit....
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1 Answer | Asked in Child Support for Oklahoma on
Q: Already paying max support. Can I get a part time job without paying child support through that second job?

Im already paying 45-50 percent of my income towards child support with my full time job. If I get a part time job, less than 20 hours a week, will I be required to pay child support through this job?

Kyle Persaud
Kyle Persaud
answered on Apr 15, 2019

Yes

2 Answers | Asked in Bankruptcy, Business Law and Contracts for Oklahoma on
Q: can I be a tag agent if I have filed bankruptcy?
Kyle Persaud
Kyle Persaud
answered on Apr 15, 2019

I don't see anything that says you can't.

To see the requirements for being a motor license agent, click on these two websites:...
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1 Answer | Asked in Traffic Tickets for Oklahoma on
Q: I got a ticket from a police officer who pulled me over going 54 in 40. He was faced in a general direction with cars

going both directions. I am Indian and he put white down on my ticket. I could tell he was not going to be friendly at all, could have been a racist, not sure. Can I get my ticket dismissed on a the technicality that he was only 2 ft away from me and he couldn't distinguish my race. If he... View More

Kyle Persaud
Kyle Persaud
answered on Apr 12, 2019

You could talk to the prosecutor and see if he will dismiss the case. If the prosecutor dismisses the case, it could be won without going to court.

If the prosecutor doesn't dismiss the case, then, you could ask for a hearing before the judge. At the hearing, the prosecutor would have...
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1 Answer | Asked in Real Estate Law for Oklahoma on
Q: Apt Mangr told me I needed to pay the early termintn fee of two mths rent before I could give 30 day notice to vacate?
Kyle Persaud
Kyle Persaud
answered on Apr 12, 2019

Whether he can do this, depends on what was in the lease agreement.

1 Answer | Asked in Health Care Law for Oklahoma on
Q: Girlfriend at hospital in labor. They wanted to break her water to speed it up and she told them no and they held

Her down and did it against her will. Wasn't an emergency doctor just wanted to "get it over with"

Kyle Persaud
Kyle Persaud
answered on Apr 12, 2019

Possibly she has a claim for assault and battery against the doctors and the hospital.

1 Answer | Asked in Divorce for Oklahoma on
Q: My ex wife was awarded the house in the divorce and was supposed to have my name taken off the loan and has not

What can I do to force her to take my name off the loan it's been almost 3 years and she has been making many late payments and its affecting my credit we are both remarried it's in the divorce papers for her to remove it and she is refusing what can I do she's ruining my credit and my future

Kyle Persaud
Kyle Persaud
answered on Apr 12, 2019

File an application for contempt.

1 Answer | Asked in Municipal Law for Oklahoma on
Q: Can the mayor of a municipality override the Chief of the Volunteer fire department? Can the Mayor fire the chief ?
Kyle Persaud
Kyle Persaud
answered on Apr 10, 2019

Your city's municipal code can tell you the answer to that. To find a copy of your city's municipal code, contact your city clerk.

1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: My first cousin got emergency custody of my 4 kids. How do i get them back she will not give my kids back.

She says iam unfit that i medical neglect and education neglect my kids.my children do not want to be there. Medical neglect was my 7 year old has all cavities in his mouth and my oldest needs a hearing aid but they told me that a hearing will not work because he is flat line and my sons son's... View More

Kyle Persaud
Kyle Persaud
answered on Apr 9, 2019

The judge should give you a hearing within ten days of granting emergency custody to your cousin. At the hearing, argue why custody should be returned to you.

For a nonparent to gain custody, the non parent has the burden of proof.

The nonparent must prove that you are unfit....
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1 Answer | Asked in Agricultural Law and Animal / Dog Law for Oklahoma on
Q: Who is responsible if you hit a cow on a oklahoma highway
Kyle Persaud
Kyle Persaud
answered on Apr 9, 2019

It depends on the precise facts of the situation.

1 Answer | Asked in Family Law, Collections, Health Care Law and Small Claims for Oklahoma on
Q: can i sue my mom for not paying my medical bills even though I'm 18

she promised me and my dad that she would help contribute to my medical bills but hasn't given a cent. once i met the deductible this year, she went and got a sleep study. last year when i met the out of pocket she went and had nose surgery. i live with my dad but i am on her health insurance... View More

Kyle Persaud
Kyle Persaud
answered on Apr 9, 2019

If your mother agreed to pay your medical bills, then, legally, you can sue.

However, it may not be in your best interests, in the long run, to do this. A lawsuit will likely take you several years and cost you a lot of money. It could also destroy any relationship you may have with your...
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1 Answer | Asked in Foreclosure and Civil Rights for Oklahoma on
Q: I was given papers of Exicution if replevlin and order of delivery I'm currently leasing the mobile home. PTAFA????

I am boxing stuff and stacking it in the yard with nowhere to go.

Does the Protecting Tenats Against Forcloser Act not apply to me because it's a mobile home?

Jones, OK

Kyle Persaud
Kyle Persaud
answered on Apr 8, 2019

Was there actually a foreclosure lawsuit filed?

A foreclosure lawsuit is when there is a mortgage on a home, and the creditor files a suit against the homeowner, arguing that the homeowner has not paid the mortgage, and the creditor seeks to repossess the home.

You are talking about...
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1 Answer | Asked in Divorce and Child Support for Oklahoma on
Q: My wife's ex husband was ordered to pay $580 per month for CS but DHS only collects $460. Is he liable for the rest?

An income assignment was ordered by the court, but the court order also says his obligation is $580 per month.

Kyle Persaud
Kyle Persaud
answered on Apr 8, 2019

If the court order directing payment of $580 has not been modified, the father is required to pay all of it.

1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: Can an 18 yr. old still attending in high school relocate with divorced parent without permission of the court?

Divorced with 50/50 custody. Our 17 year old son wants to relocate to a different state with me when he turns 18. Just want to be sure he will no longer be under the court's jurisdiction.

Kyle Persaud
Kyle Persaud
answered on Apr 8, 2019

When he's 18, he's no longer under the jurisdiction of the court, for custody purposes.

2 Answers | Asked in Estate Planning, Real Estate Law, Civil Rights and Elder Law for Oklahoma on
Q: How can a family caregiver get the right to occupy a deceased mother's home

I was a long term caregiver. I have been without electricity for 100 days. City refuses to allow me to reconnect because I live in my deceased mother's home. Have been told an instrument exists that I can file that will give me right to occupy as a caregiver. What Is that and who do I file... View More

Kyle Persaud
Kyle Persaud
answered on Apr 5, 2019

This is a complicated question, and I can;t answer it in the space I've been given for only one post. So, I'm going to give you the full answer, in two separate posts.

Here is part 1:

First, find the original deed (or document) that originally transferred the home to your...
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