Lawyers, Answer Questions  & Get Points Log In
Oklahoma Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation and Small Claims for Oklahoma on
Q: Hello, I have a law firm contacting me about Capital one suing me for a debt from 2004. Aren’t I passed the SOL?
Charles Watts
Charles Watts answered on Jun 21, 2021

It depends on when the account was officially closed. Theoretically there is a SOL but that may not even start for years after you think it started. Contact an attorney that can delve into this in more detail.

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Oklahoma on
Q: What exactly makes a contract binding, and what legality surrounds verbal agreements?

My sister and her partner entered a contract written up by their friend, the friend, upon receiving the full amount of money will sign over everything in a building to them. However, I believe a verbal agreement was made that a full set of items would be included, yet the items were not in the... Read more »

Anna L Self
Anna L Self answered on Jun 11, 2021

Verbal contracts are enforceable. However, they are harder to enforce. You would have to file a lawsuit against the party that didn't perform under the terms of the verbal contract. You would need witnesses to testify in court of the verbal contract and the terms. The judge would determine if... Read more »

1 Answer | Asked in Civil Litigation for Oklahoma on
Q: if the brother of my roomate/boyfriend thatdied i was common law with gets granted to be personal rep kicks me out

is there a way to overturn this since i was common law married to him and there was no will in place

Jessica Brown
Jessica Brown answered on Mar 22, 2021

I am sorry for your loss.

If you were common law married, you can fight this and argue to prove it in court. You'll need to contact an attorney to go through the specifics here because this will be very fact intensive.

I wish you the best.

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Civil Rights for Oklahoma on
Q: What motion do I file when I am denied cross examination of a states witness by a judge or court in oklahoma?

A caseworker states false affidavit then resigns the judge denied cross examination or a continuance when I had factual evidence contradictory to caseworkers statement and affidavit

Pete David Louden
Pete David Louden answered on Feb 19, 2021

This would depend on the details and the specific reason the court made that ruling. Did you have an attorney or were you trying to represent yourself?

1 Answer | Asked in Civil Litigation, Construction Law and Small Claims for Oklahoma on
Q: On title 47 section 901 I had only abandoned vehicle for two hrs or less do I have a law suite?
Charles Watts
Charles Watts answered on Feb 8, 2021

This can dependent on who removed the vehicle and from where. If the vehicle was on private property then §901 would not apply and therefore the 48 hours that you are wanting to enforce is not applicable because the land owners rights supersede your vehicle rights. If the vehicle was removed by... Read more »

1 Answer | Asked in Civil Litigation for Oklahoma on
Q: Wer in Oklahoma I’m still raising 2 minors isn’t it illegal for my 24 year old daughter to always dump her on me

We live in Oklahoma. I’m still raising 2 kids of my own , isn’t it illegal for my 24 year old daughter to always dump her kids off on me all the time ? She doesn’t ask or give notice she just brings them and then I’m liable for a total of 5 kids by myself. I have tried telling her not to do... Read more »

Pete David Louden
Pete David Louden answered on Jan 26, 2021

What you have described is not illegal. If you do not want to watch the children tell the mother no.

1 Answer | Asked in Civil Litigation for Oklahoma on
Q: MY HUSBAND AND I DID A CONTRACT FOR DEED" Never Missed A Payment.Always paid on Time Sellers wanted to raise the paymen

We have paid more than 55,000 in on time mortgage payments.We have obtained financing and our approved but Buyer want 304,000 and not subtract the 55,000 we've paid.and want us to sign a new contract to raise mortgage payment which we will not.what would you suggest.we also have the option to... Read more »

James Tack Jr
James Tack Jr answered on Dec 3, 2020

I would suggest you take the contract for deed along with any other documents to an attorney to have them reviewed. It sounds like you are not being treated right, but it all depends upon the terms of the contract.

1 Answer | Asked in Civil Litigation for Oklahoma on
Q: I want to ask a judge to vacate their own judgment given on Sept. 24 2020, what day must motion be submitted by?

This is a case in Oklahoma regarding a quiet title claim. All 3 defendants were at court house and declined entry by security due to no masks (no signage etc existed stating masks required) they at first refused to provide masks then wile waiting for masks to be retrieved from car, security brought... Read more »

James Tack Jr
James Tack Jr answered on Oct 24, 2020

Motions to vacate generally must be filed within 30 days after the filing of the judgment, provided the judgment was mailed to the parties within 3 days. After the 30 day time period, requests to vacate must be done by petition. If the 30 day time period falls on a Saturday or Sunday, you have... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Civil Litigation for Oklahoma on
Q: What is the statue of limitations on a false imprisonment civil suit from the date of discharge
Arnold Isaac Berschler
Arnold Isaac Berschler answered on Oct 1, 2020

The Civil Rights Act of 1991, 42 U.S.C., sec. 1981; et. seq. [including section 1983] is probably the law to be used. That Act adopts a state's statute of limitations period for personal injury claims as the time limitation. The issue being: in which state did the imprisonment first occur?

1 Answer | Asked in Civil Litigation, Contracts, Land Use & Zoning and Consumer Law for Oklahoma on
Q: entered into a rental agreement over the phone. No signed lease. Have major water septic issues do I have to pay rent

I have text messages where he stated we would work out rent after the water and plumbing was fixed. Now he is refusing to move forward fixing problems till I pay two months rent that was not our agreement what grounds do I have to stand on?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 31, 2020

Unless you have a written lease agreement the "grounds you have to stand on" are commonly called quicksand. In the absence of a written lease, your landlord can evict you at any time unless you continue to pay rent; withholding rent is a sure-fire way to get evicted.

1 Answer | Asked in Domestic Violence and Civil Litigation for Oklahoma on
Q: My mom was given a vacat order by her sinificant other of 20 years plus. He continues to stay in the house with her. He

He is rude and goes to his girlfriends then comes in and gets in bed with her. She has been sick and her immune is low. Mccurtain county has had 500 caronivirus in the last 2 weeks. They 5 the in the state now by county. Can he not be told to stay away till we can move her. We still have 24 days

Brian Boeheim
Brian Boeheim answered on Jul 6, 2020

I am confused on what the relationship is between your Mom and this guy. I would like to look at the order to vacate, seems funny to me. Seems like she either would have to get out immediately as a trespasser, or she has some possessory rights? I don't think an eviction should stand based... Read more »

2 Answers | Asked in Bankruptcy, Real Estate Law, Banking and Civil Litigation for Oklahoma on
Q: I have a judgment from five years ago that has not been renewed.

I am now trying to get a mortgage and the mortgage Companies underwriters want proof that this judgment is no longer collectible or enforceable. Would I need a lawyer to get that proof or is there any way to get proof that the judgment is no longer collectible?

Timothy Denison
Timothy Denison answered on May 24, 2020

You need a lawyer. You shouldn’t for something like this, but unfortunately you do.

View More Answers

1 Answer | Asked in Car Accidents, Civil Litigation and Insurance Bad Faith for Oklahoma on
Q: in a total loss claim can the insurance co deduct the salvage value from the actual cash value that is due for claimant

this was a five vehicle ,accident the fifth vehicle was a Ford F-250 truck and the insurance company for the driver's insurance co. accepted full responsibility for all damages by subrogation

Peter N. Munsing
Peter N. Munsing answered on Mar 30, 2020

If the claimant wants to keep the car, yes they can say "well,you are getting back what the salvage value is." Now you need to determine how they figure that, and if what you get will allow you to repair the car to the level it can be inspected. If there are problems with that or other... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Litigation and Civil Rights for Oklahoma on
Q: How can someone charged in a robbery case met with so called traumatized victim then contact them to drop charges?

Ive writtened emailed faxed phonedthe governor mayor attorney general city manager and im not gonna stop until someone with some authority looks into this case. Ive got a website that has this case. Noone wants to listen or even cares this is my sons life

Tracy Tiernan
Tracy Tiernan answered on Feb 2, 2020

Sounds like you are suggesting someone either has or is trying to reach out to an alleged victim to get them to drop criminal felony charges. Not a good idea at all. Anyone who does so Faces the very real risk that the alleged victim might contact authorities and say they felt pressured. In that... Read more »

1 Answer | Asked in Civil Litigation, Criminal Law and Landlord - Tenant for Oklahoma on
Q: Is it illegal to enter a public storage unit that has no lock on it and the overhead door is already open halfway?

The storage facility does not have a lock on it and the gate I open 24/7 the unit has a big overhead door and it was halfway open. The lock was not on the door or present. Would it be against the law for someone to enter it and take items,?

Brian Boeheim
Brian Boeheim answered on Jan 4, 2020

The simple answer is yes. It would be Burglary in the 2nd degree in Oklahoma. Even if they wanted to generous it would be breaking and entering and larceny.

http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=69879

Title 21 O.S. 1435

1 Answer | Asked in Business Formation, Business Law and Civil Litigation for Oklahoma on
Q: Yes if you do any kinda work for a big corporation. Do they have to pay you ? Can they make you work for free?
Tim Akpinar
Tim Akpinar answered on Dec 16, 2019

If your question refers to working and not being paid in the capacity of an employee, that's something an employment attorney could handle best. That category isn't included in the chosen categories. If you mean in the capacity of someone having done work for a corporation (maybe as a... Read more »

1 Answer | Asked in Civil Litigation, Criminal Law and Civil Rights for Oklahoma on
Q: Can an investigator be held accountable for perjury if his affidavit of support is heavily relying on the falsehood?

The falsehood was a flat out lie that I had no business at the courthouse on day in question. That my sole intention was to be there to harass and intimidate a person who has a protective order on me. There can't honestly be a valid reason he didn't know that I was the petitioner and the... Read more »

Brian Boeheim
Brian Boeheim answered on Dec 7, 2019

It wouldn't be perjury, but it could be considered prosecutorial misconduct. The reality is that there is very little that can be done about these types of misrepresentations. It would just be passed off as a "reasonable belief" based on the informations and evidence they had at... Read more »

1 Answer | Asked in Banking, Civil Litigation, Collections and Identity Theft for Oklahoma on
Q: There's been a payday loan taken out in my name, with my SS#, what can I do?

Its not being paid back, and its going on my credit report. What should I do next? How can I prove it is the person that I suspect it to be that is responsible for this? I disputed the mark on my credit report, but I don't know how to prove to them it wasn't me.

William Jaksa
William Jaksa answered on Oct 20, 2019

Quickly contact PayDay and ask them to preserve the video surveillance from the transactions they claim to have with you. Contact the police and advise them that your identity has been compromised. Contact Equifax and the other major credit reporting agencies and advise that your identity has been... Read more »

2 Answers | Asked in Bankruptcy, Consumer Law, Civil Litigation and Civil Rights for Oklahoma on
Q: How can I vacate a default judgement due to lack of jurisdiction

Default judgment when I did not reside in state was never served but served by publication but did not reside in the state. Judgment never domesticated to my state. Wages garnished

Timothy Denison
Timothy Denison answered on Sep 30, 2019

You’d better hire a lawyer to handle both for you.

View More Answers

1 Answer | Asked in Child Support and Civil Litigation for Oklahoma on
Q: I owe $20,000 in child support but if I won 50K in civil court against them for a separate matter, who owe who?

I owe roughly 20,000 in back child support but recently something has happened to where I could take her to civil court but she already owes in small claims court and has nothing to take and no job to garnish. So If I got a judgement of 50K or more would I still owe her that child support.

Hans Otto Lehr
Hans Otto Lehr answered on Sep 23, 2019

Yes, you would still owe child support. The two (2) judgments/awards have nothing to do with each other. You'll need to still pay the $20,000, and then collect separately your $50,000. You should get a lawyer to aid you in this process. Contact a licensed attorney in Oklahoma for help.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.