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Oklahoma Consumer Law Questions & Answers
1 Answer | Asked in Insurance Bad Faith, Consumer Law and Personal Injury for Oklahoma on
Q: Is a supplemental medical Insurance company allowed to overrule “multiple doctors” severity of diagnosis determination?

“On December 28th of 2023, my wife became critically ill with Flu “A” and severe double pneumonia. She was taken to a hospital in Oklahoma City and placed on a ventilator. Sadly my wife suffered a hypoxic brain injury due to the lack of oxygen her brain was getting. Now she is in a nursing... View More

Tim Akpinar
Tim Akpinar
answered on Feb 29, 2024

A Texas or Oklahoma attorney could advise best, but your question remains open for a week. I'm sorry for your wife's ordeal. Carriers do deny claims on the basis of differing medical opinions. Only a local attorney could advise on the validity of the carrier's denial under... View More

1 Answer | Asked in Consumer Law for Oklahoma on
Q: i had someone sell me a vehicle that had a title loan on it and they did not disclose this information tome

it was later stolen from me by gunpoint by the title loan person kin ,is what they did to get vehicle legal?

John Michael Frick
John Michael Frick
answered on Nov 1, 2023

Ownership of a motor vehicle is determined by whose name is on the title.

In a title loan, the lender is given the title to the vehicle until the loan is paid.

The borrower cannot sell the vehicle because the borrower does not have the title and therefore cannot transfer title to...
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1 Answer | Asked in Tax Law and Consumer Law for Oklahoma on
Q: I paid a tax preparer to complete and file my federal return and 2 state returns. Despite multiple requests the

Preparer has yet to provide me copies of the returns, schedules and worksheets. What options do I have? Thank you.

T. Augustus Claus
PREMIUM
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answered on Oct 24, 2023

If you've paid a tax preparer but haven't received copies of your tax returns and related documents, start by requesting these documents from the preparer. If they don't comply, contact the IRS and state tax authority to obtain copies of your filed returns. Report the issue to... 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 Consumer Law and Contracts for Oklahoma on
Q: I have been paying payments on a shed for 4 years now.

I have one year left but got behind 3 months Everytime I pay a payment the next week or so new payment due. I lost my job and was in hospital for almost a month. The company is out of KY and I live in Oklahoma , can they really do much as in file on me or repo my shed it's a tiny home, me and... View More

Tim Akpinar
Tim Akpinar
answered on Jul 30, 2023

An Oklahoma attorney could advise best, but your question remains open for two weeks. It's difficult to predict what they would do. Don't take it upon yourself to pay what you feel you can. That could lead to a default or other complications. Instead, consider one of these options. You... View More

1 Answer | Asked in Consumer Law and Gov & Administrative Law for Oklahoma on
Q: Is it legal for an insurance company to debit your account for balance from years ago without any notice?

I was getting a quote for new auto insurance coverage and got to the payment page when the site told me there was "a problem processing payment". I checked my account and there was a pending balance that I did not authorize from that company almost $100 more than what I was quoted. I... View More

Tim Akpinar
Tim Akpinar
answered on Jan 18, 2023

An Oklahoma attorney could advise best, but your question remains open for two weeks. Until you're able to consult with a local attorney on state-specific insurance and consumer law, one option could be to check with the state department of insurance. Most states have such an agency that... View More

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, Criminal Law, Business Law and Civil Rights for Oklahoma on
Q: Is there a website, book, or other source accessible to the public where I can read all of the Oklahoma Laws?

I ask in order to know laws that do/ do not apply to me.

David A. Cincotta
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answered on Oct 25, 2022

There are a few. The Oklahoma Judicial Branch has a website that has all of the Oklahoma Statutes, Constitution, Session Laws, and more. Go to www.oscn.net and click the link for "Legal Research" and then click on "statutes" or "Oklahoma Statutes Citationized" From... View More

1 Answer | Asked in Consumer Law, Business Law, Civil Litigation and Legal Malpractice for Oklahoma on
Q: Can I sue my sister (the co-signer) for selling my car without my permission/knowledge? And the dealership?

So I leased a car that my sister co-signed on. I fell a few payments behind while in between jobs so she had made about 4 months of payments on it. Come November I had finally got started at my new job and had planned to resume payments within two weeks, but she showed up to my house demanding that... View More

Joel Gary Selik
Joel Gary Selik
answered on Jan 27, 2024

Yes. As she was only a cosigner and not an owner she had no rights of possession or sale (subject to anything that may have been included in the signed documents).

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 Consumer Law, Small Claims, Personal Injury and Banking for Oklahoma on
Q: seeking advice and assistance for a potential case against the consumer reporting agency, Experian, TransUnion, Equifax

I believe that my rights under the Fair Credit Reporting Act (FCRA) and other relevant laws have been violated. The FCRA (15 USC 1681 section 602 a) establishes the need for consumer reporting agencies, such as Experian, TransUnion, and Equifax, to exercise their responsibilities with fairness,... View More

John Michael Frick
John Michael Frick
answered on Mar 16, 2023

Your post does not contain a question. You might try to rephrase.

If you are asking what kind of lawyer you should look for in the circumstances described, I would recommend you search for a lawyer who practices consumer law in or near the county where you anticipate filing suit....
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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 Consumer Law and Business Law for Oklahoma on
Q: Is it required in oklahoma for bussinesses to take cash in their stores? And is it required they post it if they dont

I am curious if it is legal for ok. Stores to refuse cash on ordered goods when you pick them up when the business has nothing posted?

Charles Watts
Charles Watts
answered on Jun 22, 2022

In Oklahoma businesses can take any legal form of payment they desire. If they do not take cash, there are reasons they chose not to, such as a fear of theft, counterfeiting, germs transferred through money, etc... Posting is not required. Your recourse is to not accept the item and go... View More

1 Answer | Asked in Consumer Law for Oklahoma on
Q: Can my bank withhold a vehicle title/lien release after I pay the loan off if I still owe them on a separate loan
Todd Laster
Todd Laster
answered on Feb 10, 2022

Possibly, if they have a cross collateral clause in your loan agreement with them on the separate loan. Most banks have cross collateral clauses in loan agreements that make it so all the collateral (the vehicle) securing one loan secures any other loans. If your loan has a cross collateral... View More

1 Answer | Asked in Civil Litigation, Contracts, Consumer Law and Criminal Law for Oklahoma on
Q: If person buying a car gives you a small amount to hold the car, then doesn't pay the full price did u legally sell it

okay guy wanted to buy an old pickup we had, we agreed to a purchase and he gave me $100 to hold it while he got the money. Instead he came back and just took the truck. I still have the title he did no paperwork. The police said that he didn't steal the car I sold it to him for $100. That... View More

David A. Cincotta
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answered on Dec 23, 2021

It appears you have a few issues that must be addressed. One is whether a crime was committed - which if so the police could enter the vehicle as stolen in the national database. Another is whether you had a valid contract with the purchaser. Third, is whether an actual sale of the vehicle... View More

1 Answer | Asked in Consumer Law, Contracts, Collections and Small Claims for Oklahoma on
Q: In the state of Oklahoma can a creditor or a repo man pay somebody to tell them where a car is that's up for repo?
Anna L Self
Anna L Self
answered on Jul 13, 2021

I am not aware of any law that would prohibit this so I believe they could.

1 Answer | Asked in Consumer Law and Arbitration / Mediation Law for Oklahoma on
Q: I need to file a Motion to Vacate arbitration decision.

Lawsuit has been filed. I'm the plaintiff.

014 Oklahoma Statutes

Title 12. Civil Procedure

§12-1874. Application to vacate an award.

Universal Citation: 12 OK Stat § 12-1874 (2014)

A. Upon an application and motion to the court by a party to an... View More

David H. Relkin
David H. Relkin
answered on Jul 8, 2021

A motion to vacate based on "evident partiality" is a very tough motion. You need something more than a generalized suspicion that the arbitrator, though he works in the same business as your opponent in the Arbitration, was "evident[ly] partial."

Further, assuming that...
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1 Answer | Asked in Consumer Law and Contracts for Oklahoma on
Q: Bought a rv and signed paperwork now told interest rate was wrong and need to sign new paperwork is this legal?

We bought a travel trailer from a dealership and looked over paperwork and agreed upon the interest rate and payment, signed and took possession of the rv and 3 days later they call and say the paperwork was wrong and interest rate and payments are going to be higher. Is this legal after already... View More

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

You should have an attorney review the contract and other documents that you signed but generally contracts are binding upon the parties and they can't change the terms.

1 Answer | Asked in Consumer Law for Oklahoma on
Q: I have a remaining balance of 1,400 on signature lone and I can’t pay on it anymore what do I do

I have medical things that need done but can’t even afford the copays

Bernard S. Via III
Bernard S. Via III
answered on Jun 3, 2021

If you are so far in debt and your income is limited you have an absolute right to file a chapter 7 bankruptcy (8 yr between bankruptcy filings). I have a cut off of around $10,000 in debt as when a person really needs to follow up with bankruptcy. If you do not pay they sue you and garnish your... View More

1 Answer | Asked in Consumer Law and Health Care Law for Oklahoma on
Q: Regarding medical bills that a law firm bought.

The hospital says they don't have any information about the bill. Can the law firm get an itemized statement from them without my consent?

Jessica Brown
Jessica Brown
answered on Mar 22, 2021

I don't understand your question.

If the law firm represents you, then they can request a statement from the hospital with a signed medical release.

If a law firm is trying to collect payment on a hospital bill from you, the law firm can provide you a copy of that bill...
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