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Oklahoma Questions & Answers
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 Divorce and Family Law for Oklahoma on
Q: I'm here to ask about Oklahoma common law marriage. Do you have to prove all elements for common law marriage?

I had a child with this person. We lived together so I could take care of our child. I never claimed to be married to this person. Everything was under my name. No joint accounts.Throughout the years there have been times where we seen other people physically and sexually; she actually lived with... Read more »

Charles Watts
Charles Watts
answered on Sep 27, 2022

Common law is a fact intensive situation. Just one element may or may not be enough to establish it. However the intent of the parties to be a married couple is what has to be established. This is done by the other times such as the filing of taxes, claiming another as spouse on insurance... Read more »

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: There are 7 heirs for an estate, it's already been probated and all heirs get 1/7 of land each, so one of the heirs

Granddaughters started cutting down trees or branches on the land where her grandfather lives. (Part of the estate)

Can she get in trouble for that or fined?

She didn't come to the family to ask permission to do this.

Anthony M. Avery
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Anthony M. Avery
answered on Sep 26, 2022

She has a right to cut trees on her own land. Other tenants in common might sue her for contribution or a partition.

1 Answer | Asked in Estate Planning, Bankruptcy, Civil Litigation and Collections for Oklahoma on
Q: VA disability pay is protected from garnishment. Would stock purchased with VA disability pay also be protected?
Timothy Denison
Timothy Denison
answered on Sep 23, 2022

Possibly, but the burden to trace it and show it was purchased from VA funds is on you.

1 Answer | Asked in Contracts, Business Law and International Law for Oklahoma on
Q: exact rolls of what makes limited Partership agreement valued in state of Ok. can final judgment be inforce in jordan

defult judgment was taken civile partnership agreement. final judgment was taken as defulat jusdment with out my knoldge. now they are tryig to enforce the civil judgment in the country of jordn since i resid i jordan over seing the project.

os thier is an agreement of both vout state of... Read more »

David Luther Woodward
David Luther Woodward
answered on Sep 23, 2022

I cannot answer your question about the basis for the default because I can't examine the court file. Default judgments are taken without the knowledge of the defendant (you), hence the term.

There is no treaty between the U. S. and the Kingdom of Jordan for the recognition of...
Read more »

1 Answer | Asked in Traffic Tickets, Car Accidents and Criminal Law for Oklahoma on
Q: My son fell asleep at the wheel, causing property damage, and is being charged with a misdemeanor. How serious is this?

To our knowledge, the property owners are not pressing charges. However, the District Attorney is charging him with a misdemeanor for this accident. He was not under the influence of anything. He was returning home from football practice. He's a good kid. No history of drugs or alcohol. Good... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 21, 2022

If the District Attorney is prosecuting this, then you need to hire an attorney to represent your son's interests and help mitigate this matter----depending on the age of your son, it may be possible to get all of this transferred to juvenile court jurisdiction which might keep all of this off... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: I received a supeona to testify against my husband in a domestic case. Do I have to do it? I'm not wanting to.
David A. Cincotta
David A. Cincotta
answered on Sep 19, 2022

If you are not wanting to testify, I would recommend that you first talk to your husband's attorney. Failing to comply with a subpoena can have consequences, so don't just ignore it. You can always contact the prosecutor directly as well, but talking to your husband's attorney first... Read more »

1 Answer | Asked in Estate Planning for Oklahoma on
Q: If you and your spouse plan on leaving your entire estate to your church, must you leave anything for family?

Is there a law in Oklahoma that you must leave any portion of your estate to family members that are not in the state? Can you leave your entire estate to your church? If you must leave something for married children that live in another state, is there a minimum amount that you must leave?

Chantelle Hickman-Ladd
Chantelle Hickman-Ladd
answered on Sep 18, 2022

In the state of Oklahoma, your spouse is the only person who can make a claim if you don't leave them an inheritance. However, it is necessary that you specifically reference and/or disinherit your children if you don't want to leave them anything. It's best to work with an estate... Read more »

2 Answers | Asked in Real Estate Law, Divorce and Tax Law for Oklahoma on
Q: There is no mortgage on my home , can the court make my house go to sherrifs sale?

In a divorce we as ordered 7yrs ago for my house to be sold and property be sold , divi50/50 . Now court is trying to make my home go to sherrifs sale. Nothing is owed on my home

Charles Watts
Charles Watts
answered on Sep 10, 2022

Could be for property taxes. Those are yearly regardless of a mortgage or not.

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1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: Do you have to have your ex signature to sign away your rights as a parent

Due to extenuating circumstances and the fact that my ex has parental alienated my kids that they absolutely refuse to have anything to do with me, do I need her signature to relinquish my parental rights.

Charles Watts
Charles Watts
answered on Sep 10, 2022

Once a parent always a parent until your rights are relinquished as a process of law. You cannot just simply waive the rights unless you are giving consent for a step-parent to adopt. Even if you attempted to waive the rights you are still responsible for support until someone else fills that role... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I have a charger uttering a forge instrument from 1994 the case was administratively dismiss can I still purchase a gun
Tracy Tiernan
Tracy Tiernan
answered on Sep 8, 2022

You stated you have a “charge” that was administratively dismissed. As long as you were never CONVICTED of a felony and don’t have any felony convictions you should be fine. It would be wise to consult a criminal defense attorney, however, to discuss the subtleties and specific facts of your... Read more »

2 Answers | Asked in Probate for Oklahoma on
Q: My dad passed away in OK and i live in AZ. I'm trying to petition for summary administration

I'd also want to do a simplified small estate probate

James Tack Jr
James Tack Jr
answered on Sep 7, 2022

I am sorry for your loss. Oklahoma does has a summary administration procedure. You should contact a probate attorney to see if that is an appropriate procedure for your dad's estate.

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1 Answer | Asked in Car Accidents for Oklahoma on
Q: I had a minor car accident with 5,000 in medical bills, no attorney wants to take it because its small

I want to file it in small cliams but i will have to serve the woman that hit me and progressive insurance, the woman thaht hit me will be hard to locate, can i do a service by publication in small cliams or only teh regular court?

Tim Akpinar
Tim Akpinar
answered on Sep 7, 2022

An Oklahoma attorney could advise best but your question remains open for two weeks. Until you consult with a local attorney who knows specific provisions in Oklahoma's civil procedure rules, keep in mind that publication is a very weak form of service (even if permissible under certain... Read more »

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Oklahoma on
Q: Is there any types of appeals for someone that’s been in prison for 5+ years?

No previous charges, they got 15yrs for a child neglect charge. First and only offense.

David A. Cincotta
David A. Cincotta
answered on Sep 4, 2022

An appeal of the conviction is out-of-time. Under very limited circumstances, a conviction can be vacated through the Post-Conviction process. Another consideration would be applying for a sentence commutation.

I would encourage you to contact an attorney to review the person's...
Read more »

1 Answer | Asked in Copyright and Patents (Intellectual Property) for Oklahoma on
Q: Can I patent an idea or program I created ? I have shared this nation wide and state wide. I go to schools as well

In clinic, or school program that helps secretly get resources out on human trafficking. Program design to help keep individuals safe. After wrongful termination the clinic is still wanting to use my ideas.

Erik Špila
Erik Špila
answered on Sep 2, 2022

It is not certain how long have your invention been public and other details. Computer programs themselves are mostly not patentable but in some cases they can be patentable (you can patent processes performed by the software). However, if your software is no longer novel, you will not be able to... Read more »

1 Answer | Asked in Criminal Law and Civil Litigation for Oklahoma on
Q: Should a civil suit against the county the criminal offences were committed in be filed after the criminal case I'd ove

IF someone is shot fleeing the police and never fired a round can the cops say he fired at the cops to justify shooting him?

David A. Cincotta
David A. Cincotta
answered on Sep 2, 2022

You ask two questions here. The first question regards when a civil suit should be filed (if a criminal case is pending). The answer to that question is you should not wait to talk to a civil attorney about proceeding with a civil suit until the criminal case is closed. There are too many pitfalls... Read more »

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: What can be done if you find out a corner of your home is over the property line. Home built 15 or so years ago.

We have a contract to sell the property and the surveyor said part of home over property line. What can we do to be able to finalize sale?

Anthony M. Avery
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Anthony M. Avery
answered on Aug 31, 2022

You are not able to sell the home, as you will be sued for warranty breaches and unmerchantable title. Hire a real property attorney, not a title company, to search both Titles and attempt to get a Boundary Agreement with the adjoining owner. You may have to pay him for the encroachment. Record... Read more »

1 Answer | Asked in Traffic Tickets for Oklahoma on
Q: Can a handicap person with an appropriate tag, and placard park in ANY handicap spot? Even for faculty?

College school parking reserves closest parking for faculty. Can handicap student use the handicap parking if it's designated for faculty?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 31, 2022

I doubt it, but you need to contact the college traffic/police people and ask them your question.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: My fiance' was sentenced to a DOC program in prison.DOC says he dont meet the guidelines for it.So hes just sitting ther

For the past 3 months he's been sitting in a holding cell.Loc ⁸% With no new program offered. And this time spent is not counting for anything. Is this legal.? So how do we go about submitting a MODIFICATION PETITION to the warden for a different program. They saying he wont be released until 2025.

David A. Cincotta
David A. Cincotta
answered on Aug 29, 2022

I assume here that the sentence was for a set number of years in DOC custody, but the balance is to be suspended upon him successfully completing a certain (type of) program.

I highly encourage you to contact the attorney who represented him at the time of his sentencing. It is possible...
Read more »

1 Answer | Asked in Real Estate Law and Small Claims for Oklahoma on
Q: If I’m representing myself how do I respond to quiet title

So the lady about the house from died she had a guardian that’s trying to take me to court for the house and trying to quiet title I am representing myself I need to know how to respond to that quiet title

Anthony M. Avery
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Anthony M. Avery
answered on Aug 29, 2022

If you believe you have an ownership interest, and/or live there, you will have to hire an attorney. Quiet Title Actions are usually complex. To start with, have you even searched the Title?

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