Get free answers to your Small Claims legal questions from lawyers in your area.
and has become abusive, how do i get him out of my house, and his name off of it
answered on Aug 25, 2019
You will probably have to file suit for Partition.
answered on Apr 17, 2019
Yes.
Okla. Stat. tit. 12 s 2004.1 says, "The clerk shall issue a subpoena, or a subpoena for the production of documentary evidence, signed and sealed but otherwise in blank, to a party requesting it, who shall fill it in before service."
Ask the court clerk to issue a... View More
she promised me and my dad that she would help contribute to my medical bills but hasn't given a cent. once i met the deductible this year, she went and got a sleep study. last year when i met the out of pocket she went and had nose surgery. i live with my dad but i am on her health insurance... View More
answered on Apr 9, 2019
If your mother agreed to pay your medical bills, then, legally, you can sue.
However, it may not be in your best interests, in the long run, to do this. A lawsuit will likely take you several years and cost you a lot of money. It could also destroy any relationship you may have with your... View More
i recently went on a trip without my parents and when i got back i discovered they had gone through my room and taken a few things. of the things they took only one of them was something they had paid for.
answered on Mar 31, 2019
You are an adult at age 18. Anything you purchased with your own money is your property no matter where you live. Even if your parents gave you money as a gift or you earned it, anything you purchase with those proceeds is your property.
He has his new girlfriend's parents sell it in a garage sale what can I do ?
answered on Mar 25, 2019
If the buyers were innocent purchasers, and if they did not know that the seller had no right to sell it, then the buyers have legal title to the property. See Okla. Stat. tit. 12A sec. 2-403, here:... View More
It was windy the other day and shingles from houses around me were blowing everywhere. Neighbor claimed that a shingle from my roof blew off and scratched their car and is threatening to take me to court. Am I reliable?
answered on Mar 27, 2019
Possibly.
In a negligence case, there are three questions that courts ask in deciding whether a defendant is liable:
1. Did the defendant owe a duty of care to the plaintiff?
2. Did the defendant breach that duty?
3. Did the defendant's breach of the duty cause... View More
Two vehicles are in a parking lot. The elderly Driver of Vehicle A opens their door, loses their grip due to the wind, and the door swings into Vehicle B, leaving a deep dent (6" x 3" x 1/2"). The driver of vehicle B gets out and examine the damage. When B insists A is liable for... View More
answered on Mar 13, 2019
There are a number of offenses, for which each driver may be liable.
Driver A may be guilty of assault. "An assault is any willful and unlawful attempt or offer with force or violence to do a corporal hurt to another." Okla. Stat. tit. 21 sec. 641. A attempted to injure B with... View More
A married couple abandoned the house they rented from me, leaving thousands of dollars in damage. I've filed against them in small claims court in Oklahoma. The process server was able to serve the wife, but not the husband. They both have jobs, and I would like the judgment to apply to... View More
answered on Dec 29, 2018
The process server can serve the spouse also so you can get personal jurisdiction over both. The server will have to file his return of service showing he served the husband by leaving his summons with the wife. They must live together where she was served.
Bought a "as is" car and signed everywhere that vehicle is "as is", yet taking us to court because the $1,050 vehicle has issues.
answered on Sep 20, 2018
This is a great question. Generally judges are disinclined to allow a non-attorney to participate in proceedings. However, there is the authority to allow an agent under a power of attorney to participate on behalf of his or her Principal.
Attorney General Opinion 03-026 reads concludes... View More
answered on Aug 18, 2018
You cannot be thrown in jail for failing to pay a lender. You can be jailed for contempt of a court order. Follow the orders of the court and you won’t go to jail.
You may not have to pay if your income is ssa, ssd, retirement or certain other “exempt” income.
Check with a lawyer or legal aid.
I own this residential private property.
Failed attempts at contacting them. Have not heard from them in over 2 weeks.
answered on Jun 8, 2018
File a report with the local police and let them investigate the matter for possible criminal charges.
My mom was w me & she wasn’t scanning items & they thought she purposely took them & I tried to tell the security guy that it was a mistake & my mom has dementia but he wasn’t letting it go. It was dismissed by the court. I keep getting letters from Walmart to pay $100 & if... View More
We agreed for my son to take payments over on my car so that my fiance could buy a new truck and camper for work and I would take his old truck. Now that we split up he took the truck back and also kept everything else the house 2 boats camper 2 trucks what legal grounds do I have. He said he felt... View More
answered on Mar 30, 2018
You should consult an experienced Family Law Attorney, in your area, for help with this problem. There are a lot of factors involved here. Being able to discuss all of them is necessary for the right decision on how to proceed.
Please visit my website https://www.garyjdean.com and... View More
Against me for our upcoming court date, I am trying to get a protection order against my husband. And she used a key stroke memorization program to read everything i have ever sent off my phone withought my consent.
answered on Apr 2, 2018
Hope this helps, there is probably also a federal statute:
Oklahoma Statutes Citationized
Title 21. Crimes and Punishments
Chapter 70 - Other Offenses Against Property Rights
Oklahoma Computer Crimes Act
Section 1953 - Unlawful Acts - Penalties
Cite... View More
answered on Dec 29, 2017
No it should not, as long as you're not in possession of firearms.
Please visit my website www.garyjdean.com and Subscribe for updates on Oklahoma Law.
We were an engaged couple who lived together for 2.5 years and have not been a couple since October 28, 2014. He is now married to someone new and living in California. I signed the title over to him in August 2017 so that he could trade it in, but he has yet to do so. The loan is in both of our... View More
answered on Dec 15, 2017
Sorry, but this happens when 2 parties are on a loan. You can however put a statement explaining it in your credit file with all 3 national credit bureaus. Visit their websites for information.
Please visit my website www.garyjdean.com and Subscribe for updates on Oklahoma Law.
answered on Nov 26, 2017
Generally, NO, unless the debts were incurred for "necessities of life" such as food, shelter, etc.
Please visit my website, www.garyjdean.com for information on Oklahoma law. Then, at the bottom of the homepage, "Subscribe" to get email updates on Oklahoma law
answered on Jul 7, 2017
Depends on the situation and nature of the property and how and why it was left there.
The check clears the bank but the person who sent it tells you that you need to send money from that check to another individual to complete the process.
I was fired from job and trying to get personal property back...even though she made arrangement for me to come that day at 5:00 and she didn't show up. she refuses to give me my personal items back. I have called, text, reg letter. 3 months later, she sends me a text and tells me she has put... View More
answered on Mar 25, 2016
If it is worth that much, find a local attorney to send her a demand letter. A good attorney may also find other things to go after (such as wage and hour violations, final paycheck issues, etc.), and many attorneys will do flat rate work for a simple demand letter.
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