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Oklahoma Civil Litigation Questions & Answers
1 Answer | Asked in Banking, Consumer Law and Civil Litigation for Oklahoma on
Q: Car repossession status despite full payment and title issues with bank

I financed a car through a bank and fell behind on payments. They declared the car in repossession status and said I needed to pay the full amount of $7,192, which I did on March 7, 2025, with documentation to prove it. I was promised the title but didn't receive it. Upon investigation, the... View More

James L. Arrasmith
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answered on Apr 16, 2025

Start by sending the bank a written demand—certified mail—stating that you paid the full balance on March 7 and demanding release of the lien and delivery of the title within ten days. Attach copies of your payment receipt and the bank’s payoff quote. Make it clear that if they refuse, you... View More

1 Answer | Asked in Consumer Law and Civil Litigation for Oklahoma on
Q: What can I do if Walmart discarded my important family photos and didn't notify me for pickup?

I sent disposable cameras with old family pictures that meant a lot to my family to a Walmart photo center in December to get them printed. Walmart sent the photos to Fuji Film Development. They were supposed to notify me when the photos were ready for pickup, but I never received any notification.... View More

James L. Arrasmith
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answered on Apr 11, 2025

Losing irreplaceable family photos is heartbreaking, especially when it happens because someone else didn’t follow through. If Walmart confirmed they received the cameras and failed to notify you when the photos were ready, they may have breached a basic duty of care. You relied on them to... View More

2 Answers | Asked in Bankruptcy, Civil Litigation and Probate for Oklahoma on
Q: Can unrelated loans be handled separately after a death?

I want to pay off my deceased grandmother's vehicle loan, but the bank is requiring that a separate personal loan is paid off at the same time. The two loans are unrelated, and there were no agreements regarding their repayment. The bank was informed of her death 2.5 years ago and has been... View More

Timothy Denison
Timothy Denison
answered on Apr 2, 2025

You may have to open probate and force them to file a proof of claim on each one. Ultimately, they cannot force them to be paid together but it’s going to be a headache either way.

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1 Answer | Asked in Criminal Law, Civil Rights and Civil Litigation for Oklahoma on
Q: Can I take legal action for molestation by my brother decades ago in Oklahoma?

I am a 54-year-old female who was molested by my adult brother between the ages of 5/6 to approximately 12, mainly in Oklahoma. I never reported these incidents due to fear and witnessing his abusive behavior towards others. Recently, I discovered he has a history of similar abuse and was in prison... View More

James L. Arrasmith
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answered on Apr 7, 2025

In Oklahoma, the statute of limitations for filing a civil lawsuit for sexual abuse can be extended in certain cases. For incidents involving minors, the law allows the victim to file a claim up to 12 years after they turn 18, which means you would have until you are 30 to take legal action in... View More

1 Answer | Asked in Child Custody, Civil Litigation, Domestic Violence and Family Law for Oklahoma on
Q: Options for enforcing/modifying Tulsa custody order when father is noncompliant and verbally abusive.

I have a custody case in Tulsa County, and the father is not abiding by the joint custody order. He has kept our child from me for the past four weekends and is trying to prevent her from staying with me this summer, as outlined in the custody agreement. Although he has violated the order in the... View More

James L. Arrasmith
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answered on Apr 13, 2025

If the father is not complying with the joint custody order, you have the option to file a motion for contempt in Tulsa County court. This motion will ask the court to enforce the custody agreement and address any violations. Since you have kept detailed records of the communication and instances... View More

1 Answer | Asked in Employment Law, Civil Litigation and Criminal Law for Oklahoma on
Q: Can my employer demand payment without evidence of theft?

I have been accused by my manager at Subway of stealing, but they have provided no proof or checked the surveillance cameras, even though I don't work alone. I have not been formally charged or spoken to the police. My manager fired me and is demanding $250 from my last paycheck, threatening... View More

James L. Arrasmith
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answered on Apr 12, 2025

Your employer cannot legally demand payment without evidence to support the accusation of theft. If there is no proof, such as surveillance footage or clear documentation, the claim of theft is essentially unsubstantiated. Since you haven’t been formally charged or involved with the police, the... View More

Q: How can I defend myself against false accusations and trespass at my business residence in Oklahoma?

I am a registered agent and reside at a business location in Oklahoma. An individual associated with the business frequently creates confrontations and records them to blame me. Recently, he accused me of being involved in a robbery at the business, which I didn't commit. I have been... View More

James L. Arrasmith
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answered on Apr 12, 2025

Defending Your Rights as a Registered Agent in Oklahoma

Your situation involves complex legal issues concerning your status as a registered agent residing at a business location. In Oklahoma, a registered agent must have a physical street address in the state, and while many businesses use...
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2 Answers | Asked in Collections, Civil Litigation and Consumer Law for Oklahoma on
Q: Why is my paycheck being garnished for a repossessed truck after 7 years?

In 2018, I co-signed for a truck, which was repossessed later that year or early 2019. I was unaware of the repossession, having lost contact with the primary borrower. Seven years later, my paycheck started getting garnished without any prior notice. My credit report shows the account twice: once... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Mar 25, 2025

Don't rely on your credit report, but apparently your lender either obtained a judgment against you and then sold the account to Consumer Portfolio; or sold the account to Consumer and it obtained a judgment; but either way it appears Consumer has sold it to Jefferson Capital.

I...
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2 Answers | Asked in Family Law, Health Care Law and Civil Litigation for Oklahoma on
Q: Can my unauthorized hospital records be used in my infant's disposition hearing?

I am facing an adjudication disposition hearing concerning my infant, and my hospital records were accessed without my consent, which I discovered when I noticed a DHS worker listed as an emergency contact. There are allegations that I tested positive for amphetamines. I contacted the hospital... View More

Charles Watts
Charles Watts
answered on Mar 24, 2025

In your answer you state your legal counsel therefore you need to be discussing these matters with them.

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2 Answers | Asked in Real Estate Law and Civil Litigation for Oklahoma on
Q: Neighbors encroaching on property, cutting down trees; need legal help in Oklahoma.

I have lived on my land for 28 years, and the neighbors to the north and south have been encroaching onto my property. They are moving in and cutting down my trees, and I've been told I need an attorney to help. I have surveys from 1912 through 2022 proving my property boundaries. There are... View More

Charles Watts
Charles Watts
answered on Mar 13, 2025

You have been told correctly. You need an attorney to help you. There are avenues to address this. Contact an attorney in the area where the damage is occurring, and they should be able to help you.

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1 Answer | Asked in Civil Litigation and Personal Injury for Oklahoma on
Q: Chances of winning a dispute over alleged property damage with proof of absence

What are the chances of my neighbor winning a dispute claiming my husband damaged their car windshield by hitting a golf ball, when we have Ring camera footage showing he was not home at the time of the alleged incident? We have no prior contact with this neighbor, and they do not have video... View More

James L. Arrasmith
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answered on Apr 13, 2025

It sounds like you have a solid defense, especially with the Ring camera footage showing your husband wasn't home at the time the alleged incident occurred. If the neighbor can't provide evidence linking your husband to the damage, it will be difficult for them to prove their case.... View More

1 Answer | 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?

Tim Akpinar
Tim Akpinar
answered on Mar 29, 2025

An Oklahoma attorney could advise best, but your question remains open for almost a month, and time is usually of the essence in appearing/responding in a civil action. You may want to discuss with an Oklahoma attorney, based on the position you contemplate taking - whether you acknowledge the... View More

1 Answer | 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

James L. Arrasmith
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answered on Mar 26, 2025

You may have grounds to sue based on this serious misconduct. When judges and prosecutors have undisclosed intimate relationships during trials, this creates a clear conflict of interest that can violate due process rights. The fact that both lost their professional licenses following an... 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.

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.

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