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Oklahoma Civil Litigation Questions & Answers
2 Answers | Asked in Criminal Law and Civil Litigation for Oklahoma on
Q: Facing false assault and battery charges, with evidence from accuser's messages.

I'm facing charges of assault and battery that I believe are false. The accuser has sent me messages through Instagram and Snapchat admitting I didn't commit the act. I've already attended court, and the advice given was to seek legal counsel. What are the possible next steps I can... View More

Tracy Tiernan
Tracy Tiernan
answered on Oct 1, 2025

You are correct in that your first step should be to consult and retain a criminal defense attorney.

Being a criminal defense attorney, if I had a client with evidence (whether it’s text messages, emails, Snapchat, any other vehicle of communication) where are the alleged victim makes an...
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3 Answers | Asked in Personal Injury, Divorce, Real Estate Law, Civil Litigation and Family Law for Oklahoma on
Q: Contingency attorney for garage fire/damage lawsuit and divorce help

I need a contingency attorney in Oklahoma to file a lawsuit by September 10th related to my common law husband causing a garage fire in Amarillo, Texas. The fire destroyed my Hellcat SRT and house, along with thousands of dollars' worth of my possessions. He had gifted these items to me, and I... View More

Tim Akpinar
Tim Akpinar
answered on Sep 6, 2025

An Oklahoma attorney could advise best, but you posted a few days ago, and the deadline you mention (Sept. 10th) is the middle of next week. I'm sorry about the fire and the ordeal it has caused you. It could be difficult for attorneys here to respond with offers of their services. The format... View More

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3 Answers | Asked in Personal Injury, Divorce, Real Estate Law, Civil Litigation and Family Law for Oklahoma on
Q: Contingency attorney for garage fire/damage lawsuit and divorce help

I need a contingency attorney in Oklahoma to file a lawsuit by September 10th related to my common law husband causing a garage fire in Amarillo, Texas. The fire destroyed my Hellcat SRT and house, along with thousands of dollars' worth of my possessions. He had gifted these items to me, and I... View More

Tim Akpinar
Tim Akpinar
answered on Sep 6, 2025

Addendum - If your back is not up against the wall in terms of that timeframe, due to statute of limitations issues, this looks like something that might benefit from a closer look, exploring all options, whether covered by insurance or not. Taking a case on contingency is usually something at the... View More

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2 Answers | Asked in Civil Litigation, Estate Planning, Probate, Real Estate Law and Legal Malpractice for Oklahoma on
Q: Address suspected fraud in house transfer after mother's death in OK.

My brother transferred my late mother's house to his name using a quitclaim deed, claiming to be the sole surviving tenant, without informing me or my other siblings. The first deed was executed 8 months before her passing in November 2021, and another was signed a month after her death. This... View More

Anthony M. Avery
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answered on Sep 5, 2025

You must hire an attorney in whatever State the house is in. He needs to conduct a title search, determine ownership, and if a cause of action lies, file suit for Ejectment, Quiet Title and possibly Partition, against any claiming exclusive ownership against the actual Tenants In Common. It will... View More

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Q: Need legal recourse for unpaid work and embezzlement charges with neighbor.

I worked on equipment for my neighbor, and he didn't pay me for the work or materials. He agreed to sell me an RV, so I constructed a shed in his backyard. Later, he accused me of embezzlement involving the RV and the equipment, and he took the RV back with all my belongings. I was arrested... View More

Paula Jo Davidson Wood
Paula Jo Davidson Wood
answered on Aug 12, 2025

If there is a no-contact order against you, you must honor that order. That means you are going to need an attorney to bring any lawsuit against him to retrieve property you claim that he took.

I recommend that you make a list of each and every piece of property that he took, describing...
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2 Answers | Asked in Real Estate Law and Civil Litigation for Oklahoma on
Q: Neighbor's fence encroaches 24 feet onto my property. What are my options in Oklahoma?

I recently had a survey done and discovered that my neighbor's fence encroaches 24 feet onto my property. Despite informing them about the encroachment, they refuse to move the fence unless I pay half the cost. I have a county assessor's plat view that confirms my property boundaries.... View More

Anthony M. Avery
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answered on Jul 1, 2025

HIre an OK attorney to sue for Boundary Dispute and Trespass. The tax map shows you have paid tax on your land, but the surveyor must testify to the actual boundary. Time is of the essence or you acquiesce to the new ascertainable boundary. -

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2 Answers | Asked in Family Law and Civil Litigation for Oklahoma on
Q: Example motion to restrict frivolous filings by a vexatious litigant in Oklahoma family law case.

In Oklahoma, I need an example of a motion that could restrict a party from filing frivolous motions in a family law case. This party has already been declared a vexatious litigant in Utah, continues to file motions without setting hearing dates, and fails to comply with court orders to appear in... View More

Pete David Louden
Pete David Louden
answered on May 9, 2025

There are no official forms in Oklahoma for family law matters as you have described. Attorneys draft all of their own documents based on the applicable statutes and case law. I would suggest that you consult with an attorney in your local area to review your case in detail. Once the attorney... View More

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2 Answers | Asked in Collections, Civil Litigation and Consumer Law for Oklahoma on
Q: Why is my paycheck being garnished for a repossessed truck after 7 years?

In 2018, I co-signed for a truck, which was repossessed later that year or early 2019. I was unaware of the repossession, having lost contact with the primary borrower. Seven years later, my paycheck started getting garnished without any prior notice. My credit report shows the account twice: once... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Mar 25, 2025

Don't rely on your credit report, but apparently your lender either obtained a judgment against you and then sold the account to Consumer Portfolio; or sold the account to Consumer and it obtained a judgment; but either way it appears Consumer has sold it to Jefferson Capital.

I...
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1 Answer | Asked in Criminal Law, Civil Litigation and Real Estate Law for Oklahoma on
Q: Family member sold my camper without permission, is it theft?

I allowed a family member to live in my camper to prevent them from being homeless. I discovered, through his wife, that he sold the camper without my permission over two weeks ago. The title is in my name, and I have not given any written or verbal permission to sell it. We have not spoken since,... View More

Charles Watts
Charles Watts
answered on Feb 22, 2025

You should file a police report, this is theft / conversion. Additionally, you may be able to get the camper back depending on how the purchase was completed as you still have the title. However, depending on how long the property was at his house could also come into play for abandoned property... View More

2 Answers | Asked in Civil Litigation, Civil Rights and Estate Planning for Oklahoma on
Q: Can a poa become successor trustee on a notarized affidavit signed a month before trust is changed

Due to incompatancy is the box thats checked on the affidavit successor trustee notarized and signed in September of2022 and exactly 1month prior to myself receiving a new trust from my father whom has dementia was diagnosed in the beginning of 2022 has since been financially exploited for my... View More

James L. Arrasmith
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answered on Jun 26, 2024

This situation involves complex legal issues related to trusts, power of attorney, and potential financial exploitation. Based on the information provided, here are some key points to consider:

1. Power of Attorney (POA) vs. Successor Trustee: These are typically separate roles with...
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2 Answers | Asked in Civil Litigation, Civil Rights and Estate Planning for Oklahoma on
Q: Can a poa become successor trustee on a notarized affidavit signed a month before trust is changed

Due to incompatancy is the box thats checked on the affidavit successor trustee notarized and signed in September of2022 and exactly 1month prior to myself receiving a new trust from my father whom has dementia was diagnosed in the beginning of 2022 has since been financially exploited for my... View More

John Michael Frick
John Michael Frick
answered on Jun 24, 2024

The settlor (maker) of a trust can name any competent adult as trustee or successor trustee as long as the settlor himself is a mentally competent adult.

The principal (maker) of a power of attorney can name any competent adult as his attorney-in-fact or agent as long as the principal...
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2 Answers | Asked in Civil Litigation for Oklahoma on
Q: My girlfriend's friend is threatening to burn some of the belongings that she forgot at her house after she moved out

My girlfriend lived with her friend for like 2 months, and then she decided to move out since they did not see eye to eye anymore, but since then my girlfriend realized she left some belonging's there including an expensive purse, but the friend nor the friends mom want to give it back, and... View More

Tim Akpinar
Tim Akpinar
answered on Jun 3, 2024

From a practical standpoint, personal property laws aside, you could consider letting it go. How much did the purse and other belongings cost, in comparison to costs of legal recovery actions, stress, aggravation, in what could amount to an impossible, no-win situation. Good luck

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2 Answers | Asked in Civil Litigation for Oklahoma on
Q: My girlfriend's friend is threatening to burn some of the belongings that she forgot at her house after she moved out

My girlfriend lived with her friend for like 2 months, and then she decided to move out since they did not see eye to eye anymore, but since then my girlfriend realized she left some belonging's there including an expensive purse, but the friend nor the friends mom want to give it back, and... View More

James L. Arrasmith
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answered on May 28, 2024

You should address this situation quickly to prevent any potential harm to your girlfriend's belongings. First, have your girlfriend formally request her belongings back in writing, such as through a text or email, making sure to list the specific items she wants returned. This provides a... View More

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1 Answer | Asked in Communications Law and Civil Litigation for Oklahoma on
Q: What do I do if my boyfriend takes my vehicle without permission says if I call the cops he will total it
James L. Arrasmith
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answered on May 28, 2024

I'm really sorry to hear about the situation with your boyfriend. Taking your vehicle without permission is a serious issue, and his threat to total it if you call the cops is very concerning. Your safety and well-being are the most important things to consider right now.

Firstly,...
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1 Answer | Asked in Civil Litigation, Criminal Law, Domestic Violence and Family Law for Oklahoma on
Q: Is it considered domestic violence in oklahoma to with hold food from your spouse , domestic partner , common law wife

Not allow them to eat anything because your not feeling well and did not cook for him because he left and stayed gone for about 2 hours giving the dog a ride when his whore lives down the road and he left me stranded with no money or transportation. And has been refusing to take my things to a... View More

Tracy Tiernan
Tracy Tiernan
answered on May 5, 2024

Well, I’m not sure I have enough information to give you any confident, legal advice. However, unless he is bedridden, and you are responsible for his care, or there is some legal status you possess where the law recognizes he is reliant upon you for his food, shelter, it’s highly unlikely that... View More

1 Answer | Asked in Civil Litigation and Civil Rights for Oklahoma on
Q: Should I write Oklahoma department of corrections head detailing all grievances issue before discharging in July?

Im an Oklahoma inmate and in April 2023 my 1st, 5th, 8th,& 14th amendment rights were voilated by prison staff. I tried to address the issues through the prison grievance procedure but the prison administration put up roadblocks and finally transferred me to another prison across state for... View More

James L. Arrasmith
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answered on Apr 4, 2024

Given the complexity of your situation and the alleged violations of your constitutional rights, it would be advisable to take the following steps before your discharge in July:

1. Write a detailed letter to the Oklahoma Department of Corrections Director, outlining all the grievances, the...
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1 Answer | Asked in Civil Litigation and Civil Rights for Oklahoma on
Q: In Oklahoma county district court judicial review how long does the judge have to respond to a motion?

Inmate challenging grievance restriction in Oklahoma county district court. Court gave him till 3-10-23 to provide statement of prior judicial and administrative relief sought with copies attached and verified affidavit of all lawsuits filed in past 10 years inmate complied on 3-5-24 and filed... View More

James L. Arrasmith
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answered on Mar 28, 2024

In the context of Oklahoma county district court, the timeline for a judge to respond to a motion can vary depending on several factors, including the complexity of the motion, the current caseload of the court, and specific procedural rules that might apply. Generally, there isn't a set... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Criminal Law for Oklahoma on
Q: How many times does a pro se indigent prisoner have to file a paupers affidavit in singal judicial review?

Indigent prisoner files judicial review in Oklahoma county district court challenging grievance restriction. Prisoner submits paupers affidavit when initially filing but after court responds prisoner files 9 actions including 4 motions and does not submit another new paupers affidavit with any. Is... View More

James L. Arrasmith
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answered on Mar 21, 2024

When an indigent prisoner in Oklahoma files for judicial review and includes a pauper's affidavit with the initial filing, this affidavit typically allows them to proceed in forma pauperis for the duration of that particular case. This means that the initial affidavit is generally considered... View More

1 Answer | Asked in Civil Litigation and Civil Rights for Oklahoma on
Q: Inmate being denied access to court so his father with POA efile motions for inmate. Can the father sign the motions?

Inmate being denied access to court. Had his father e-file motion. Father has power of attorney and the form states Any and all affairs concerning me... Does that clause give father power to sign motions for the plaintiff?

James L. Arrasmith
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answered on Mar 18, 2024

When an inmate finds themselves unable to access the court, it can be a deeply frustrating and disempowering experience. In such cases, having someone outside, like a father with Power of Attorney (POA), step in can seem like a practical solution. The POA document, stating "Any and all affairs... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Litigation and Civil Rights for Oklahoma on
Q: Should I have been given time to get me another lawyer?

My lawyer recused himself from my case and when I asked for time to get another one the judge told me no and made me represent myself that very day in court.

James L. Arrasmith
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answered on Mar 12, 2024

Based on the information you provided, it seems that the judge's decision to deny your request for additional time to find a new lawyer after your original lawyer recused himself may have been problematic. In most cases, when an attorney withdraws from a case, the court should grant the client... View More

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