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Oklahoma Collections Questions & Answers
0 Answers | Asked in Criminal Law and Collections for Oklahoma on
Q: Add sent to OTC to intercept debtor's tax refund!

what does this mean and what will happen next if this entry was made on my case?

0 Answers | Asked in Criminal Law and Collections for Oklahoma on
Q: Can a quit deed be contested after 20 years

She took me to court, failed to establish a common law ,so she took me afterwards for a division of the property, based on the fact I had let her live there on and off.

1 Answer | Asked in Consumer Law, Contracts and Collections for Oklahoma on
Q: A loan company is threatening legal pursuit even though I pay before I'm 30 days late. Is that possible?

They said they will be looking into legal action if I continue to be late even though I always pay before I'm due again.

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 29, 2023

Yes it's possible. Your contract requires you to pay on time. Quit playing around and pay on time.

1 Answer | Asked in Real Estate Law, Collections and Municipal Law for Oklahoma on
Q: In Oklahoma does a county treasurer? Have to notify the owner before. the property is sold. At a tax auction
T. Augustus Claus
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T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 21, 2023

In Oklahoma, the county treasurer is generally required to notify the property owner before selling the property at a tax auction. This usually involves sending a written notice to the last known address of the property owner, as well as any other parties who may have a legal interest in the... View More

2 Answers | Asked in Consumer Law and Collections for Oklahoma on
Q: Which date determines the end of a statute of limitations? The date filed, or the date defendant was served?

Last activity on account was 6/23/18. Petition filed 5/12/23 but not served until 8/7/23

Charles Watts
Charles Watts
answered on Aug 23, 2023

The date filed typically, however, if it is proven the person actively avoided being served that could potentially extend the time.

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1 Answer | Asked in Collections for Oklahoma on
Q: If a summons states, Defendant, et al, can another representative attend court besides the defendant name?
Joel Gary Selik
Joel Gary Selik
answered on Jun 28, 2023

No, except for an attorney.

Et al, simply references that there may be additional defendants.

1 Answer | Asked in Bankruptcy and Collections for Oklahoma on
Q: The judgment I have against my name the five years is up but the creditor was add in chapter 7 and was discharged can th

Surgical hospital sued me back in October 2017 and the surgery was in November 2012. I was served papers to answer their question and sent it back and that was the last time I heard anything but I filed chapter 7 and the surgical hospital was in it and was discharged. I tried selling my house and... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on May 16, 2023

Not surprisingly, your question is missing some important facts.

General rules- Entry of a judgment, under State law, usually becomes a lien against all property in the state owned by a judgment debtor.

A bankruptcy filing does NOT discharge a perfected lien; in a Chapter 13,...
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1 Answer | Asked in Collections for Oklahoma on
Q: How to respond Admit that Plaintiff is a LIMITED LIABILITY COMPANY organized and existing under the laws of New Jersey
Joel Gary Selik
Joel Gary Selik
answered on Apr 17, 2023

Assuming this is in litigation, a set of Requests for Admissions, if it is true, Admit, if not true, Deny, if you do not know the response may be “Responding Party has insufficient information and can, therefore, neither admit or deny.”

Note, there can be penalties for not admitting...
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1 Answer | Asked in Collections for Oklahoma on
Q: Are general objections in a personal injury case the same as debt collection case for response to request for admissions
Joel Gary Selik
Joel Gary Selik
answered on Apr 11, 2023

While each state may have its own rules, Requests for Admissions are the same in any type of case and the requirement for how they are answered are the same. General objections are not usually allowed unless there is something wrong with the request itself.

1 Answer | Asked in Civil Litigation and Collections for Oklahoma on
Q: judgment creditor failed to answer final judgment order from court
Barry W. Kaufman
Barry W. Kaufman
answered on Feb 15, 2023

This is a statement, not a question.

1 Answer | Asked in Collections for Oklahoma on
Q: Is it illegal for a creditor to sell a debt to a debt collector after the debt was settled and paid?

Settlement offer was made, payments were sent via check and cashed - then I received a notice from a debt collector that purchased the debt

John Michael Frick
John Michael Frick
answered on Jan 26, 2023

It happens.

Debts like that are usually sold in bulk. Usually the seller does not warrant collectibility.

If a particular seller conveys a large number of previously satisfied debts, the buyer may assert a claim against the seller.

But usually, if a few get through, the...
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1 Answer | Asked in Collections for Oklahoma on
Q: Can a creditor keep adding interest after getting a judgement
Barry W. Kaufman
Barry W. Kaufman
answered on Dec 23, 2022

Generally usually yes. Judgments accrue interest at either the rate specified on the face of the judgment or by statute.

1 Answer | Asked in Consumer Law and Collections for Oklahoma on
Q: Why is the Pushmataha Court allowing a debt collector to sue me for a debt over 7 years old with no further contact?

Last contact with debtor was a letter dated 2015 asking for debt forgiveness.

I've responded to the Motion for judgement and motioned for case dismissal, with copy of letter to creditor with Affidavit. Motion to dismiss was that the debt is 7 yrs old and well passed the statute of... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 18, 2022

Your veteran status has no bearing on anything. A motion to dismiss is inappropriate as a response to a motion for judgment. If you did not answer the allegations of the complaint, the plaintiff obtained a default. If you did, your answer may not have raised, in the eyes of the plaintiff, any... View More

1 Answer | Asked in Consumer Law, Contracts and Collections for Oklahoma on
Q: Judgment approved on 6/9/17. Garnishment affidavit filed 4/22/22. Garnishment approved 6/14/22. 5 year SOL has passed.

If SOL expired before wage garnishment was issued is it legal to take my money?

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 28, 2022

The statute of limitation to collect on a judgment is much longer than 5 years. The 5 year SOL applies to bringing the lawsuit. You have no statute of limitation defense.

1 Answer | Asked in Estate Planning, Bankruptcy, Civil Litigation and Collections for Oklahoma on
Q: VA disability pay is protected from garnishment. Would stock purchased with VA disability pay also be protected?
Timothy Denison
Timothy Denison
answered on Sep 23, 2022

Possibly, but the burden to trace it and show it was purchased from VA funds is on you.

1 Answer | Asked in Bankruptcy, Health Care Law, Small Claims and Collections for Oklahoma on
Q: im being sued by a hospital for not paying back a debt that i have partially paid back. it says i need to write a letter

i tried using the Solo suit but my petition seems different that what its asking. can anyone help me?

Tim Akpinar
Tim Akpinar
answered on May 17, 2022

This is something that an Oklahoma attorney is best suited to advise on, but your question remains open for four weeks. If this is something in the lawsuit stage, an ordinary letter might not suffice as a response. There could be more formal legal responses needed. Unfortunately, it's... View More

1 Answer | Asked in Collections for Oklahoma on
Q: My husband had a judgment filed against him. He passed away in March.

Am I responsible for his judgment?

Our home is in joint tenancy

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 24, 2022

I am sorry for your loss. I would recommend that you contact a probate attorney to discuss your husband's estate (assets and debts) and specifically the question you have posted. A probate attorney might be the best attorney to assist you in determining how to handle (or fight) the judgment... View More

1 Answer | Asked in Contracts and Collections for Oklahoma on
Q: Do I need an attorney to do a writ of assistance to obtain personal property and money over 10,000.00?
Charles Watts
Charles Watts
answered on Feb 22, 2022

Oklahoma allows pro se representation so no you do not have to use a lawyer. However I would advise you to use one because there are a lot of things that can get missed if you are not familiar with the process.

2 Answers | Asked in Collections for Oklahoma on
Q: Got served a notice to appear in court over furniture we allowed to be repossessed years ago company won’t settle

We tried to call and see if they’d settle for a lower amount to keep it out of court they declined and are threatening putting Liens on property and taking wages over $1300

Anna L Self
Anna L Self
answered on Sep 7, 2021

What is your question? They are not required to settle. Once they have a judgment they can garnish your wages for 25% and put a lien on your property. If you allowed the property to be repossessed years ago you might have a defense but you would need to speak with an attorney. Good luck!!

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1 Answer | Asked in Criminal Law and Collections for Oklahoma on
Q: Can a bogus check from 15 years ago that was 66 dollars be brought up now and i dont even remember writing it

In oklahoma

Anna L Self
Anna L Self
answered on Aug 24, 2021

Whether you remember the check or not is irrelevant. However, if the bogus check was from 15 years ago and they have made no efforts to collect (lawsuit, garnishment, etc.) then they would be past the statute of limitations.

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