Chicago, IL asked in Energy, Oil and Gas for Oklahoma

Q: Division order analyst used older deed. Correct deed on file. Now we are 9 mo. after first production. Still no check.

Correct deed on file since 2006. Probate not the problem. No other oil companies have had this problem with having the right mineral deed to work from. Do they owe us the 12% penalty from date of first sale? How do we get them to pay? Do we have to go to court?

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1 Lawyer Answer
Richard Winblad
Richard Winblad
  • Energy, Oil & Gas Law Lawyer
  • Edmond, OK
  • Licensed in Oklahoma

A: You need to find out from the company whether they have any title requirements that need to be fixed. If you believe that you have clear title send them a certified letter with an IRS W-9 along with your address. Companies are unlikely to pay 12% interest unless they are pressed. If there is an actual title defect/requirement, then they would be justified in withholding.

In Oklahoma you are not required to return a "division order" to be paid.

James Tack Jr agrees with this answer

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