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Oklahoma Civil Litigation Questions & Answers
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.

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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.

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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.

2 Answers | Asked in Employment Discrimination, Civil Litigation and Civil Rights for Oklahoma on
Q: If my employer gives me a drug test do I have a right to the reports, statements, and results regarding the drug test?

I passed the test, of course. It was during an investigation that HR was looking into. I had called about my supervisor, Curtis and his discrimination against me.

I have to ask for documentation of certain things. But I'm wondering if I have the right to all documents regarding that... Read more »

Gary Kollin
Gary Kollin answered on Aug 9, 2019

Old adage: There is no harm in asking

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1 Answer | Asked in Civil Litigation for Oklahoma on
Q: I'm from Oklahoma. What constitutes common law in this state?

We don't own any property in common. But I do pay all the utility bills as my contribution for living in his house. I don't plan to marry him. And I was wondering, if I came into some money if he could claim part of it because we've lived together for 2 years.

Benjamin Oxford
Benjamin Oxford answered on Jul 16, 2019

No. Living together is not enough to create a common law marriage in Oklahoma. You have to treat each other, and hold out to the public, that you are married. Taking the same name, having children, sharing bank accounts, owning property, and telling the general public that you're married... Read more »

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Oklahoma on
Q: I was charged with 3 counts of child abuse by county officers whereas the allegations have no evidence to prove

There is no history of any kind of child abuse and I have no criminal record before this . Please help

Frank A. Urbanic
Frank A. Urbanic answered on Jul 13, 2019

These are very serious charges. You need to hire an attorney. No getting around that.

1 Answer | Asked in Business Formation, Business Law, Civil Litigation and Contracts for Oklahoma on
Q: If an investor contributes more than an owner do they automatically own part of the business and right to make decisions

The investor was treated as an owner but was not officially because they were worried it would affect their food stamps/unemployment (they were employed also). The business does not have an operating agreement and the investor dissolved the business without my signature. They withdrew all the... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 20, 2019

Unless otherwise agreed in writing, the larger amount of money invested in a business by an investor does not mean the investor "automatically owns part of the business." However, you are throwing legal terms around without fully explaining all the important details underlying this... Read more »

1 Answer | Asked in Civil Litigation, Libel & Slander and Personal Injury for Oklahoma on
Q: Can I sue a drug testing facility for a false positive drug test that I voluntarily took for Child Protective Services

What lawyer can you recommend in Oklahoma

I voluntarily took a drug test for CPS. The testing fac. said it was positive for meth, methadone, Xanax, Barbiturates. These results were used against me in court and my grandkids were taken away on 8/24/18. The lab results were negative for all... Read more »

Melissa Oxford
Melissa Oxford answered on May 26, 2019

You may have a cause of action but you would have to have evidence that it was, in fact, a negative result. Your testimony will not be enough. You will need other toxicity test results from that same day to support any case you may have.

1 Answer | Asked in Gov & Administrative Law and Civil Litigation for Oklahoma on
Q: I have subpoenaed an individual who was employed by the state, but now is employed by a county in the state. The person

works in one city, but resides in the city where the case is to be held. The person states they will not show up because they are no longer employed by the state and must be compensated with lodging, mileage, and lost wages in order to show. I am acting Pro Se. Am I required to compensate this... Read more »

Doak Willis
Doak Willis answered on May 18, 2019

In order for a witness to be made to appear under subpoena, you must follow the law in paying a witness fee and mileage and other conditions set forth in the statutes. So you are required to compensate witnesses you subpoena. Depending on how critical their testimony is to your case will be the... Read more »

1 Answer | Asked in Civil Litigation and Small Claims for Oklahoma on
Q: If I am envolved in an Oklahoma Small Claims case can I ask the court to issue a subpoena for a witness to appear?
Kyle Persaud
Kyle Persaud 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...
Read more »

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