Dallas, TX asked in Real Estate Law and Probate for Oklahoma

Q: In an Oklahoma property dispute case, can the Defendant's attorney file a property lien against Plaintiff's property?

Plaintiff (72 yrs old, low-income, represented by legal aid attorney) filed case to obtain his 7 acres back from the Defendant who had forged the Plaintiff's signature on quick claim deed. Judge ruled infavor of Defendant, allowing him to keep 7 out of 14 acres that was previously (legally) owned by the Plaintiff. After ruling, Defendant's attorney filed property lien (for payment of Defendant's legal fees) against the Plaintiff's other 7 acres on where Plaintiff resided in a small travel trailer (no running water, etc.).

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1 Lawyer Answer
Kyle Persaud
Kyle Persaud
Answered
  • Probate Lawyer
  • Bartlesville, OK

A: If the judge ruled that the Plaintiff owed the Defendant legal fees, then, Defendant can file a lien on Plaintiff's property, in order to collect on the judgment.

What you are really contesting, is the underlying case itself. You are really questioning whether the judge should have ruled in favor of the Defendant.

What should be done to remedy this, is to appeal the judge's order. If you appeal the judge's order, you may post a supersedeas bond. The posting of the supersedeas bond will prevent any efforts to enforce the judgment. The posting of the supersedeas bond will prevent the Defendant's attorney from executing the lien on the property.

If you appeal, though, you have to file the appeal less than thirty days after the judge made his decision.

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