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Oklahoma Civil Litigation Questions & Answers
1 Answer | Asked in Employment Law, Civil Litigation, Civil Rights and Employment Discrimination for Oklahoma on
Q: I want to negotiate prior to lawsuit, do I send a letter of demand or a letter of intent? Do I include evidence?

I have filed a disability discrimination claim against my former employer and have no legal representation. I want to settle out of court, they offered $10,000 during the EEOC process. Do I need to do a letter of demand or letter of intent or can I just use my own words and ask them to negotiate?

James L. Arrasmith
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answered on Feb 23, 2024

In your situation, you can choose to send either a letter of demand or a letter of intent to your former employer to initiate negotiations. A letter of demand typically outlines your legal claims, the relief you are seeking, and a deadline for the employer to respond before legal action is pursued.... View More

0 Answers | Asked in Civil Litigation and Contracts for Oklahoma on
Q: Is this a material breach of contract?

I hired an attorney in June 2022 for a civil matter against the State. In January 2023 he accepted a position as an Assistant District Attorney. He continued to claim he was working on my case and accepting payments through the agreement we had for replenishing his retainer.

Fast forward to... View More

0 Answers | Asked in Civil Litigation and Contracts for Oklahoma on
Q: Is this a material breach of contract?

I hired an attorney in June 2022 for a civil suit against the State. The contract and receipt show a firms name. Apparently, in January 2023, the lawyer left the firm to work for the D.A's office but continued to accept money and claim involvement in my case. Now, over a year later, he claims... View More

1 Answer | Asked in Civil Litigation, Land Use & Zoning and Municipal Law for Oklahoma on
Q: County refuses to clean a culvert and it floods our property. What can we do?

This has been an ongoing process for more than two years. They say they don’t have the equipment to maintain.

T. Augustus Claus
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answered on Feb 1, 2024

In Oklahoma, if the county refuses to clean a culvert resulting in flooding on your property, you may have legal options to address the situation. First, you could attempt to resolve the issue through direct communication with the county authorities, highlighting the impact of the flooding on your... View More

1 Answer | Asked in Civil Litigation for Oklahoma on
Q: Is it legal for an impound yard to sell my car at auction without notifying me first

Was in jail for 50 days but was in contact with impound yard every day the whole time and made it clear I would be in to claim my car and not to sell it. The day I got out I went straight there and sawy car sitting in the yard. Asked to gety stuff out and how much fees were. They told me it... View More

T. Augustus Claus
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answered on Jan 29, 2024

In Oklahoma, as in most states, impound yards and towing companies have the legal right to auction off vehicles to recoup unpaid towing and storage fees. However, they must follow certain legal procedures, typically including providing notice to the vehicle owner.

The critical aspect is...
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1 Answer | Asked in Consumer Law, Business Law, Civil Litigation and Legal Malpractice for Oklahoma on
Q: Can I sue my sister (the co-signer) for selling my car without my permission/knowledge? And the dealership?

So I leased a car that my sister co-signed on. I fell a few payments behind while in between jobs so she had made about 4 months of payments on it. Come November I had finally got started at my new job and had planned to resume payments within two weeks, but she showed up to my house demanding that... View More

Joel Gary Selik
Joel Gary Selik
answered on Jan 27, 2024

Yes. As she was only a cosigner and not an owner she had no rights of possession or sale (subject to anything that may have been included in the signed documents).

1 Answer | Asked in Civil Litigation for Oklahoma on
Q: Bought a car from a friend he took it back won't give it back

I didn't have enough time to get it put over my name got pulled over it got impounded he got it out and I won't give me my car back what can I do about that I only had it 3 weeks and I have 30 to 60 days to get it put over in my name

James L. Arrasmith
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answered on Jan 19, 2024

If you bought the car from your friend and have some documentation or proof of purchase, you may be able to take legal action to get the car back. Here are a few options to consider:

1. Talk to your friend and request the return of the car. Show him any receipts, bill of sale, or other...
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1 Answer | Asked in Civil Litigation for Oklahoma on
Q: Is it legal for an rv park to require fingerprinting to access areas of the park??

The rv park I stay in has recently informed me that a fingerprint device is the only way to access the bath/shower and laundry facilities.

James L. Arrasmith
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answered on Jan 18, 2024

The legality of an RV park requiring fingerprinting for access to certain areas can depend on various factors, including state laws and the specific terms of your agreement with the RV park. Generally, private businesses, like an RV park, have some discretion in implementing security measures.... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Oklahoma on
Q: Without exhaustion of administration remedies can an Oklahoma prisoner sue for damages upon discharge from prison?

Oklahoma inmate was attempting to address violations of constitutional rights through grievance procedure to exhaustion administrative remedies , prison staff blocked him from proper exhaustion of administrative remedies until he discharged. Inmate discharge before statute of limitations expired on... View More

James L. Arrasmith
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answered on Jan 6, 2024

In Oklahoma, as in other states, prisoners are generally required to exhaust administrative remedies before filing a lawsuit for violations of constitutional rights. This means they need to follow the prison's grievance process to its conclusion. However, there are exceptions to this rule.... View More

1 Answer | Asked in Civil Litigation, Constitutional Law and Municipal Law for Oklahoma on
Q: What are the laws on using chalk on public streets for artistic purposes?
James L. Arrasmith
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answered on Dec 30, 2023

The laws regarding using chalk on public streets for artistic purposes can vary depending on the locality. In general, many places consider chalk art as a temporary, non-destructive form of expression, often likened to free speech under the First Amendment.

However, some cities or towns may...
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1 Answer | Asked in Contracts and Civil Litigation for Oklahoma on
Q: Do we need a lawyer to collect on $11,000 promissory note? It is from an LLC and personally guaranteed by members

There are 2 members and it was due Sept. 29, 2023. Could we just file in small claims courts against each of them?

Anthony Jackson
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answered on Dec 20, 2023

You might need a lawyer; however, there could be other options depending on your particular facts. A lawyer who bills by the hour might take on your case. If the lawyer can send a letter and get payment or obtain and enforce a judgment without spending a lot of time on your case, hiring an hourly... View More

1 Answer | Asked in Civil Litigation and Gov & Administrative Law for Oklahoma on
Q: Bought rv, was told the title was clean,didnt have in hand,I got bill of sale.Found out title wasnt in his name.HELP!?

I asked for a refund,he wont. I called dmv, then court, told court order title wont work cause it was never in his name and he's title skipping. I reported to police for fraud, but still have NO call back.

James L. Arrasmith
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answered on Jan 13, 2024

It's important to act quickly to resolve the issue with the RV title. First, gather all the documents related to your purchase, including the bill of sale and any communication with the seller. Make copies of everything for your records.

You've already reported the situation to...
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1 Answer | Asked in Civil Litigation for Oklahoma on
Q: Some of you guys told for me establishment and the property owner said it was fine to be there we got the parts

Went back up there and it was removed apparently by a sheriff is it legal for them to remove my vehicle without permission from the property owner

James L. Arrasmith
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answered on Dec 20, 2023

In your situation, where a vehicle was removed from a property despite having the property owner's permission to be there, several factors need to be considered to determine the legality of the removal.

First, it's important to understand the specific circumstances under which...
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1 Answer | Asked in Civil Litigation for Oklahoma on
Q: Can I repossess my vehicle that someone test drive and won't return

Someone test drive my vehicle and now won't return the vehicle. I'm wondering if I can legally repossess my vehicle that is titled in my name

James L. Arrasmith
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answered on Dec 10, 2023

In Oklahoma, if someone takes your vehicle for a test drive and fails to return it, this can be considered unauthorized use or even theft, especially if it's clear they have no intention of returning it. Since the vehicle is titled in your name, you have the legal right to its possession.... View More

1 Answer | Asked in Landlord - Tenant and Civil Litigation for Oklahoma on
Q: My “roommate” brought in a cat without permission and it messed my furniture up and she never gave me a deposit

She is refusing to do so which is $300. Can I sue and if so how much would it cost me in the state of Oklahoma. My landlord said the money is in between me and her because everything is in my name.

T. Augustus Claus
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answered on Nov 29, 2023

Yes, you may be able to sue your roommate for the damage to your furniture and for the pet deposit that she never paid. In the state of Oklahoma, you have the right to sue someone for damages that they caused to your property, even if that person is your roommate.

Here are the steps you can...
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1 Answer | Asked in Civil Litigation for Oklahoma on
Q: I own a pickup w/title that was parked by permission of the land owner for over 6yrs. The landowners wife wants to sell.

Is it illegal to regain the pickup into my possession?

James L. Arrasmith
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answered on Nov 28, 2023

Based on the details provided, it would likely be legal for you to regain possession of the pickup truck since you have the title documenting ownership. A few key considerations:

- If the truck was parked on private property with the landowner's permission, they do not have grounds to...
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2 Answers | Asked in Civil Litigation and Traffic Tickets for Oklahoma on
Q: Do I have to right to drive my vehicle with out a tag. Constutional right to travel?

I have a bill of sale and I am waiting for the title. Got a citation for failure to register and expired tags which it doesn't have a tag to expire.

John Michael Frick
John Michael Frick
answered on Nov 9, 2023

No, the Constitutional "right to travel" is not a defense to driving a motor vehicle on a public road without a current registration tag.

You should visit a Service Oklahoma or Licensed Operator location (formerly a Tag Agency) to process your tag, title, and tax, to receive your...
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1 Answer | Asked in Civil Litigation for Oklahoma on
Q: Can I file an Application For Order To Disclose Assets against a major corp. that lost a case I had against them?

As of September 25th, 2023 I won a civil lawsuit against a major corporation. The case involved damage to the property and unwanted removal of 40' tree on my property. I received a default judgement due to no one appearing in court, receiving $10,449 by the judge. It has been 10 business days... View More

James L. Arrasmith
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answered on Nov 9, 2023

Based on the details provided, it sounds like filing an Application for Order to Disclose Assets would be the next logical step since the corporation has not paid the judgment awarded to you. Here are a few key points to consider:

- An Application for Order to Disclose Assets is used to...
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3 Answers | Asked in Civil Litigation for Oklahoma on
Q: How do u get a court date as a pro se litigant
John Michael Frick
John Michael Frick
answered on Sep 5, 2023

Request one from the court. Depending upon the type of hearing, you may need to contact the court clerk or the court coordinator depending on the particular court’s procedures.

It is common that you will need to obtain available dates from the court and then confer with the opposing...
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