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Oklahoma Civil Litigation Questions & Answers
0 Answers | Asked in Landlord - Tenant, Civil Litigation and Personal Injury for Oklahoma on
Q: Can I take legal action for belongings kept after verbal agreement stay?

I was kicked out of a place where I had a verbal agreement to stay without paying rent. The person who kicked me out kept my belongings. His wife witnessed this, and he claims I didn't retrieve my items quickly enough, mentioning they were thrown away. He has threatened me. Can I still take... View More

0 Answers | Asked in Civil Litigation for Oklahoma on
Q: Being sued without receiving a subpoena.

I'm being sued but never received a subpoena. I found out about the lawsuit through a court docket search. I don’t know of any attempts to serve me or have ever received any related mail. How should I proceed in this situation?

0 Answers | Asked in Appeals / Appellate Law, Civil Litigation, Civil Rights and Legal Malpractice for Oklahoma on
Q: Can I sue a judge and DA for a conflict of interest during my husband's trial?

I'm seeking advice on whether I can sue a judge and a prosecuting DA who had a sexual relationship during my husband's trial, which led to his conviction. My husband's attorney learned about the affair once it became public, and it wasn't disclosed during the trial. Although the... View More

0 Answers | Asked in Domestic Violence and Civil Litigation for Oklahoma on
Q: How to get an EPO dismissed in Oklahoma after false abuse claim?

I'm facing an emergency protective order (EPO) hearing in Oklahoma after my step-son alleged that I choked him. DHS has investigated the claim and ruled out abuse. There is no physical evidence or history of abuse, and my wife is willing to testify that I did not choke him. My step-son is set... View More

0 Answers | Asked in Gov & Administrative Law and Civil Litigation for Oklahoma on
Q: Who is responsible for grave mismarking and disinterment? City Hall's role?

I manage a funeral home, and there is a dispute involving a grave that was mismarked by City Hall. Although the burial was performed with City Hall's permission at the site they designated, the deceased's family claims we are responsible for permitting the burial at the wrong site. City... View More

1 Answer | Asked in Criminal Law, Civil Litigation and Real Estate Law for Oklahoma on
Q: Family member sold my camper without permission, is it theft?

I allowed a family member to live in my camper to prevent them from being homeless. I discovered, through his wife, that he sold the camper without my permission over two weeks ago. The title is in my name, and I have not given any written or verbal permission to sell it. We have not spoken since,... View More

Charles Watts
Charles Watts
answered on Feb 22, 2025

You should file a police report, this is theft / conversion. Additionally, you may be able to get the camper back depending on how the purchase was completed as you still have the title. However, depending on how long the property was at his house could also come into play for abandoned property... View More

1 Answer | Asked in Consumer Law, Real Estate Law and Civil Litigation for Oklahoma on
Q: Unlawful car impoundment and auction in Oklahoma with no notification.

I found out my car was auctioned when I contacted local tow companies after it was unlawfully impounded in Oklahoma without any notification. The towing company refused to provide me with information about the auction. Everything I owned was in the car, and I have not received any compensation or... View More

Charles Watts
Charles Watts
answered on Feb 22, 2025

Contact an attorney to help you with this. Tow companies very rarely 'unlawfully' impound a vehicle, and therefore you will have to first prove that as the first step. Then after you prove that, then your next course of action will then develop. All these steps are beyond this forum.

0 Answers | Asked in Civil Litigation and Probate for Oklahoma on
Q: Are U.S. savings bonds found in auctioned storage legally mine?

I purchased a storage locker through an auction at a storage facility that hadn't been paid for, and inside, I found four U.S. savings bonds, each worth about $20,000. The individuals named on the bonds are deceased, and I have the necessary proof of their deaths. I attempted to contact... View More

1 Answer | Asked in Civil Litigation and Native American Law for Oklahoma on
Q: Can I be sue by a creditor under mcgrudy law
Charles Watts
Charles Watts
answered on Feb 22, 2025

I can only assume you are referring to McGirt - but McGirt affects criminal jurisdiction. It does not address civil actions.

1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Native American Law for Oklahoma on
Q: I am refused my seizure medication for unknown reason what do I do

I contacted the head physician by phone on 12/6/24 and I was informed by the head physician that I will receive a phone call by his nurse with another appointment and I have not received a call. I have asked requested and demanded my seizure medication and I received gabapentin and vitamin D this... View More

James L. Arrasmith
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answered on Feb 8, 2025

It sounds like you are dealing with a frustrating and potentially dangerous situation. If you are being denied your seizure medication without explanation, you have the right to demand answers. Start by documenting everything—dates, times, and details of every call, request, and response you’ve... View More

1 Answer | Asked in Business Formation, Business Law, Civil Litigation and Federal Crimes for Oklahoma on
Q: Brother in law taking money from a business agreement . They are contracted pay. They use it to pay bills, give us the r

Give us the reat and we believe they are taking money because they have been around 1000 short every month for the last six months they refuse to show us the pay check and bills paid. What can I do

James L. Arrasmith
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answered on Jan 6, 2025

I'm sorry you're facing this situation. Start by gathering all available records of the business transactions, including contracts, invoices, and any communications related to payments. Document the discrepancies you've noticed over the past six months to have a clear picture of... View More

1 Answer | Asked in Civil Litigation and Civil Rights for Oklahoma on
Q: What are the proper forms to use for a former inmate who is sewing prison staff for rights violated while incarcerate

Inmate rights violated by oklahoma prison staff. Inmate attempts to exhaust administrative remedies but is thwart until discharge. Now free former Inmate wants to file suit against prison staff. In prison inmates use USC § 1983 to bring suit against prison staff. What form do I use now that I'm out?

James L. Arrasmith
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answered on Jan 5, 2025

To file a lawsuit now that you are no longer incarcerated, you will need to prepare a civil complaint under 42 U.S.C. § 1983. Start by drafting a detailed complaint that outlines how your rights were violated by the Oklahoma prison staff. Make sure to include all relevant facts, dates, and... View More

1 Answer | Asked in Civil Litigation for Oklahoma on
Q: Need controlling Oklahoma case law on Service of Process under 11 OS 42-103. Publication 30 days prior to Hearing

I filed Pro Se Application to Vacate Public way. 11 OS 42-102. Court must hold hearing "within 60 days". I complied with all requirements for Service of Process in Civil Actions (Oklahoma). Problem: city was unable to get thru their steps in order to file a (favorable) Answer by the Court... View More

Charles Watts
Charles Watts
answered on Oct 7, 2024

Hire an attorney to assist you to do everything in order to guidelines and procedures. In the alternative, since this is a 'friendly suit' you can always get with the opposing side to work out some of the details such as these and file an agreed order.

1 Answer | Asked in Business Law, Civil Litigation, Consumer Law and Lemon Law for Oklahoma on
Q: Pawn shop lied about something they sold me. False advertising?

Bought computer from pawn shop due to 16GB RAM. After taking home and going through laptop, RAM is only 8GB. Is this false advertisement?

Tim Akpinar
Tim Akpinar
answered on Sep 12, 2024

An Oklahoma attorney could advise best, but your question remains open for over a week. It could be, if it was advertised as such. But it could also be an innocent error (negligent misrepresentation) if the shop believed it to be such from what the original owner told them. Good luck

1 Answer | Asked in Banking, Civil Litigation, Civil Rights and White Collar Crime for Oklahoma on
Q: I was endorsed a inheritance check from friend with no id.it was excepted ,account opened and deposited now no access

I was endorsed a inheritance check from a friend who had no idea.we went to the bank it was explained about the id and excepted.i was allowed to open new account and deposit the check,the check was legit and funds are in the account.now all the sudden the bank won't let me access the funds.i... View More

James L. Arrasmith
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answered on Jul 28, 2024

I'm sorry to hear about your situation. It sounds frustrating and confusing, especially since the bank initially accepted the check and opened the account. It's understandable that you feel deceived given the sudden change in their requirements.

The best step is to contact the...
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2 Answers | Asked in Civil Litigation, Civil Rights and Estate Planning for Oklahoma on
Q: Can a poa become successor trustee on a notarized affidavit signed a month before trust is changed

Due to incompatancy is the box thats checked on the affidavit successor trustee notarized and signed in September of2022 and exactly 1month prior to myself receiving a new trust from my father whom has dementia was diagnosed in the beginning of 2022 has since been financially exploited for my... View More

John Michael Frick
John Michael Frick
answered on Jun 24, 2024

The settlor (maker) of a trust can name any competent adult as trustee or successor trustee as long as the settlor himself is a mentally competent adult.

The principal (maker) of a power of attorney can name any competent adult as his attorney-in-fact or agent as long as the principal...
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1 Answer | Asked in Communications Law and Civil Litigation for Oklahoma on
Q: What do I do if my boyfriend takes my vehicle without permission says if I call the cops he will total it
James L. Arrasmith
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answered on May 28, 2024

I'm really sorry to hear about the situation with your boyfriend. Taking your vehicle without permission is a serious issue, and his threat to total it if you call the cops is very concerning. Your safety and well-being are the most important things to consider right now.

Firstly,...
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1 Answer | Asked in Civil Litigation, Criminal Law, Domestic Violence and Family Law for Oklahoma on
Q: Is it considered domestic violence in oklahoma to with hold food from your spouse , domestic partner , common law wife

Not allow them to eat anything because your not feeling well and did not cook for him because he left and stayed gone for about 2 hours giving the dog a ride when his whore lives down the road and he left me stranded with no money or transportation. And has been refusing to take my things to a... View More

Tracy Tiernan
Tracy Tiernan
answered on May 5, 2024

Well, I’m not sure I have enough information to give you any confident, legal advice. However, unless he is bedridden, and you are responsible for his care, or there is some legal status you possess where the law recognizes he is reliant upon you for his food, shelter, it’s highly unlikely that... View More

1 Answer | Asked in Civil Litigation and Civil Rights for Oklahoma on
Q: Should I write Oklahoma department of corrections head detailing all grievances issue before discharging in July?

Im an Oklahoma inmate and in April 2023 my 1st, 5th, 8th,& 14th amendment rights were voilated by prison staff. I tried to address the issues through the prison grievance procedure but the prison administration put up roadblocks and finally transferred me to another prison across state for... View More

James L. Arrasmith
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answered on Apr 4, 2024

Given the complexity of your situation and the alleged violations of your constitutional rights, it would be advisable to take the following steps before your discharge in July:

1. Write a detailed letter to the Oklahoma Department of Corrections Director, outlining all the grievances, the...
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1 Answer | Asked in Civil Litigation and Civil Rights for Oklahoma on
Q: In Oklahoma county district court judicial review how long does the judge have to respond to a motion?

Inmate challenging grievance restriction in Oklahoma county district court. Court gave him till 3-10-23 to provide statement of prior judicial and administrative relief sought with copies attached and verified affidavit of all lawsuits filed in past 10 years inmate complied on 3-5-24 and filed... View More

James L. Arrasmith
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answered on Mar 28, 2024

In the context of Oklahoma county district court, the timeline for a judge to respond to a motion can vary depending on several factors, including the complexity of the motion, the current caseload of the court, and specific procedural rules that might apply. Generally, there isn't a set... View More

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