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Oklahoma Questions & Answers
2 Answers | Asked in Constitutional Law and Traffic Tickets for Oklahoma on
Q: How to sue for 4th Amendment violation in Oklahoma?

I was pulled over in Mount Park, Oklahoma, for having people ride in the back of my truck inside the truck bed. I believe the officer violated my Fourth Amendment rights as, from my research, it's not illegal in Oklahoma to have people ride in a truck bed. Additionally, I was issued a ticket,... View More

Charles Watts
Charles Watts
answered on Apr 7, 2025

4th amendment protects from unwarranted searches and seizures. From initial observations, Mountain Park has a municipal ordinance prohibiting this, that is why you did not see it in the Oklahoma Statutes. Furthermore, if the passengers were minors who were not "secured" properly, they... View More

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2 Answers | Asked in Child Custody, Child Support and Family Law for Oklahoma on
Q: Week-on, week-off custody without court order, ex trying to enforce child support payments. No income change.

I have been doing week-on, week-off custody with my kids for the last 3 years without any formal court order and no child support payments. However, my ex-partner is now trying to make me pay child support. What are my options or obligations in this situation, considering there has been no change... View More

Charles Watts
Charles Watts
answered on Apr 7, 2025

Get formal paperwork put in place. There will be a Child Support Calculation worksheet put together for you but it will take into account overnights, childcare (if any), Health Insurance (if any), other children in the home (not part of the case), alimony being paid out, etc... Your best bet is to... View More

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2 Answers | Asked in Divorce, Legal Malpractice and Family Law for Oklahoma on
Q: Lawyer unresponsive in divorce case; not providing files

I've been dealing with my lawyer for two years regarding my divorce case. She hasn't contacted me in over a month, even after I sent a certified letter, and she isn't providing any of my information on file. I've tried reaching out via email and text. I'm particularly... View More

Charles Watts
Charles Watts
answered on Apr 3, 2025

You can hire a new attorney to file an entry on your behalf and they will be able to get all the information from the opposing counsel or from the court. Alternatively, you can file a termination of attorney with the court and then you can represent yourself pro se and the opposing counsel can... View More

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2 Answers | Asked in Car Accidents, Legal Malpractice, Personal Injury and Insurance Bad Faith for Oklahoma on
Q: Lack of lawyer communication after rear-ended by drunk driver in OK

I was rear-ended by a drunk driver while my special needs son was in the vehicle with me. I've requested all correspondence between my lawyer and the insurance company due to a lack of communication from my lawyer. I disagree with the final offer from the insurance company. Despite my requests... View More

Charles Watts
Charles Watts
answered on Apr 3, 2025

Sorry for your inconvenience during this time. First thing is if you are dissatisfied with the lawyer you currently have, then you are well within your rights to terminate their representation and hire a new lawyer. The new lawyer should be able to get the information from the original lawyer.... View More

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2 Answers | Asked in Business Law, Real Estate Law and Contracts for Oklahoma on
Q: Can I list a property after the previous agent acknowledged cancellation via text, without signing a referral fee with the original broker?

I am a real estate agent, and a seller contacted me to list their property after firing their previous agent via text message, which the agent acknowledged, also via text, by removing the listing from MLS and discussing excluding a specific buyer. The original broker now wants me to sign a referral... View More

Charles Watts
Charles Watts
answered on Apr 3, 2025

In most instances, the original listing agent has a clause in their contract granting them a fee if the house is sold within a certain time frame. The removal of the listing itself is not a definitive withdrawal of representation. The seller needs to get a complete written release from the... View More

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2 Answers | Asked in Probate and Real Estate Law for Oklahoma on
Q: Can bank make my mom pay my deceased grandmother's loans?

My grandmother passed away 2.5 years ago, leaving behind a vehicle with a loan solely in her name. She and my parents lived together and shared the vehicle. Since her death, her bank has accepted payments from my parents, aware of her passing. However, when my mom went to make the monthly payment... View More

Anthony M. Avery
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answered on Apr 2, 2025

Mother is not the notemaker so no personal liability. But if note is secured as a lien on car title, then lender can repossess the collateral. Unless car is very valuable, it may be prudent to let bank have it. If bank sues for note deficiency, then defend that Mother has no liability, actual... View More

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2 Answers | Asked in Probate for Oklahoma on
Q: Do children of a deceased sibling inherit their parent's portion of an estate in Oklahoma?

I want to know if the children from a deceased sibling will inherit their parent's portion of an estate when a decedent died intestate without a spouse, children, or parents. The decedent had seven siblings, six are living, and one is deceased. There are no existing wills or legal documents... View More

Charles Watts
Charles Watts
answered on Apr 1, 2025

The rule of intestacy in Oklahoma has specific rules. The first person on the list is the spouse of the deceased, and then any children (even adopted OUT children receive) of the deceased, or heirs of those classes (so grandchildren would take if the children had predeceased). Then if there is no... View More

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2 Answers | Asked in Gov & Administrative Law and Municipal Law for Oklahoma on
Q: Does Oklahoma require specific reasons for executive sessions in town meetings?

I would like to know if the reason for an executive session in town meetings in Oklahoma has to be specific? Can the reason encompass multiple options such as discussing the employment, hiring, appointment, promotion, demotion, disciplining, or resignation of any individual salaried public officer... View More

Charles Watts
Charles Watts
answered on Apr 1, 2025

Executive sessions in Oklahoma are permitted only for specific purposes, such as discussing personnel matters, legal advice, or confidential information. The purpose of an executive session is to allow for confidential discussions that may not be appropriate for public scrutiny. However, they... View More

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2 Answers | Asked in Domestic Violence, Child Custody and Family Law for Oklahoma on
Q: Does a Nevada TPO and custody carry over to Oklahoma?

I recently fled a domestic violence relationship in Oklahoma and relocated to Nevada with my children. I acquired a Temporary Protective Order (TPO) in Nevada, where I was also granted temporary custody on March 18th, 2025. I registered this order with the state of Oklahoma. There is no prior... View More

Charles Watts
Charles Watts
answered on Mar 31, 2025

The courts will have to determine jurisdiction. It sounds like you just recently moved, and the residence of the minor child would have been in Oklahoma prior to you leaving. Which then most likely, the fathers motion will be heard here, and the Nevada court will most likely transfer their case... View More

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1 Answer | Asked in Health Care Law, Personal Injury and Wrongful Death for Oklahoma on
Q: Can we take legal action for insurance policy change causing missed treatments?

My mother, who was covered by marketplace insurance, was undergoing cancer treatment when she missed several appointments after the doctor's office informed her that her insurance was inactive. The marketplace changed her insurance policy without notifying us, causing treatment delays. My... View More

Tim Akpinar
Tim Akpinar
answered on Mar 28, 2025

An Oklahoma attorney could advise best, but your question remains open for three weeks. I'm very sorry for the loss of your mother. I'm afraid it does not sound like the strongest of cases. That doesn't mean I don't sympathize with your family. I find it upsetting that the... View More

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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2 Answers | Asked in Criminal Law for Oklahoma on
Q: Can my friend be charged with trafficking with no drugs found on him?

Can the District Attorney charge my friend with trafficking methamphetamine if he had no drugs in his car or on his person? The drugs were found on a girl he was giving a ride to; she had them in her cavity without his knowledge. There was paraphernalia in the car, accessible to both of them, but... View More

Charles Watts
Charles Watts
answered on Mar 24, 2025

Cases like these are very fact specific. However, if he was in control of the vehicle then by default he is in control of the occupants and its contents. Therefore, yes if the quantity is sufficient to meet trafficking then yes he can be charged with that and have to defend it in court.... View More

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2 Answers | Asked in Consumer Law and Landlord - Tenant for Oklahoma on
Q: How can I retrieve my towed vehicle without upfront payment if I didn't consent to the tow?

I want to retrieve my vehicle from a tow yard, but they are demanding upfront payment, which I feel is akin to holding it for ransom as I did not consent to the tow. I have not been able to arrange billing options despite being told payment is necessary for release. What alternatives or steps can I... View More

Charles Watts
Charles Watts
answered on Mar 24, 2025

If they legally towed the vehicle (such as by order from law enforcement or by order of a private property owner/business) even though you did not consent, they have a right to be paid by the owner of the vehicle before releasing it. This ensures they get paid for doing their job legally. They can... View More

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2 Answers | Asked in Employment Discrimination and Employment Law for Oklahoma on
Q: Can my position be eliminated due to maternity leave after 90 days through a temp agency?

I’m currently pregnant and have been working through a temp agency for over 90 days with an employer. Last week, during an in-person meeting with the HR department, I was informed that the employer will not be onboarding me as a full-time employee. The reason given was that when I leave for... View More

Charles Watts
Charles Watts
answered on Mar 24, 2025

As long as the termination is not a result of pregnancy then it would be legal. A company is not obligated by law to make a temporary position become permanent and they often do not. Hence the reason they use a temporary agency to begin with. The burden of proof would be on you to prove that was... View More

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2 Answers | Asked in Consumer Law and Lemon Law for Oklahoma on
Q: Bought Ford F150, noticed rust under vehicle. No warranty, dealership silence. Options?

I recently bought a 2019 Ford F150 from a dealership and noticed a significant amount of rust under the vehicle, including the spare tire, axle, rotors, calipers, and frame. There was no warranty, and the dealership provided no disclosure documents, though there was a Carfax report online with no... View More

Charles Watts
Charles Watts
answered on Mar 17, 2025

I understand your frustration. Rust on the underside of a vehicle, especially one that is 6 years old, could just as easily be neglect on the previous owner. If the previous owner drove in muddy conditions a lot, such as a construction company and they didn't wash the underside properly, or... View More

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2 Answers | Asked in Constitutional Law, Criminal Law, Family Law and Immigration Law for Oklahoma on
Q: Can I pursue bigamy charges if my son's father married someone else while living with me in Oklahoma, a common-law marriage state?

I live in Oklahoma, and my son's father recently married another woman, seemingly committing immigration fraud. We have been living together for several years, sharing a home and finances, and Oklahoma recognizes common-law marriage. I have evidence of our cohabitation, like shared bank... View More

Charles Watts
Charles Watts
answered on Mar 17, 2025

Oklahoma is & is not a common law state -- There are still requirements to be met for the 'non-ceremonial' marriage (which is the closest thing to common-law) - Based on the limited facts you stated, it would be hard to meet the burden of proof to actually depict such. Having a child... View More

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2 Answers | Asked in Criminal Law, Family Law, Constitutional Law and Municipal Law for Oklahoma on
Q: Are sheriff’s deputies required to give their name and badge number upon request?

The Fairview Police Department was called for a disturbance within city limits, the sheriff’s office was never dispatched or notified for assistance, yet they interjected themselves anyways. They refused to identify themselves while body cams were being used and only once a third party recorded,... View More

Charles Watts
Charles Watts
answered on Mar 13, 2025

I assume you are speaking of Major County sheriff deputies as you mentioned Fairview. A common misconception is the only law enforcement agency that has jurisdiction within city limits is the city themselves. However, this is incorrect. The City of Fairview is located inside Major County;... View More

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1 Answer | Asked in Estate Planning for Oklahoma on
Q: How to change trust beneficiary based on new legal evidence?

I need to change the beneficiary heir of a revocable trust based on new legal evidence, a handwritten document, that names only one beneficiary instead of the current multiple ones. The current beneficiaries are not aware of this change, and I might need to draft a new trust based on this new... View More

Anthony M. Avery
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answered on Mar 9, 2025

Trustee needs to revoke the trust, then declare the new trust with the old corpus placed in it. Hire an OK attorney to execute this trust and notify the former beneficiaries. Litigation will be forthcoming, so trustee needs to prepare to defend his actions.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: the city of Tulsa has a lien on my house. my house in on muscogee creek nation land.

the city of tulsa has violate my native rights

Charles Watts
Charles Watts
answered on Feb 22, 2025

Get with your tribe, however, a lot of people want to claim McGirt changed this, however, it has been ruled and there is controlling law that it does NOT affect land ownership and therefore based on your limited facts, the city has not violated any rights to this point as it is a presumably valid... View More

1 Answer | Asked in DUI / DWI and Criminal Law for Oklahoma on
Q: Can OK DA enhance misdemeanor DWI to felony with TX conviction over 10 years ago?

I received a DWI charge in Oklahoma, and I have a prior DWI conviction in Texas from over 10 years ago. Can the District Attorney in Oklahoma still enhance my misdemeanor DWI charge to a felony given the time lapse between the convictions? Or is the 10-year timeframe calculated from the last... View More

Charles Watts
Charles Watts
answered on Feb 22, 2025

The 10 year timeframe is calculated starting at the termination of the first conviction to the date of the commission of the new crime. For example: A person was convicted in 2015 and sentenced (and served) 5 years (putting it at 2015 as start day) but then committed a crime in December 2024, then... View More

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