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Oklahoma Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation and Tax Law for Oklahoma on
Q: Is there a law or statute that applies to hotels/motel stays and rates after 30 days in regards to taxes ect?
Charles Watts
Charles Watts answered on Dec 30, 2021

In essence the answer is no, but the Oklahoma Administrative Code 710:65-19-143 does spell it out a little.

Hotels, motels, apartments, etc.

(a) The gross receipts from the furnishing of rooms, except meeting rooms, by a hotel, apartment-hotel, cottage camp, or lodging house...
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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... Read more »

David A. Cincotta
David A. Cincotta 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... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Criminal Law for Oklahoma on
Q: How can I get 7/11 or the suspect(s) to be held liable for damages to my vehicle and PTSD?

My car was caught in the crossfire of a shooting that occurred at a 7/11 a month ago. My car suffered damage, and I was indeed in my vehicle the time of the shooting. Luckily, I did not have any physical injuries. I am needing direction on how and who to hold responsible for my damages.

David A. Cincotta
David A. Cincotta answered on Nov 8, 2021

For restitution for the damages to your vehicle, contact the DA's office prosecuting the individuals who were shooting. If you don't know if charges have been filed, you can contact the police department to inquire. The DA's office will generally have you fill out and submit a... Read more »

1 Answer | Asked in Family Law and Civil Litigation for Oklahoma on
Q: My son moved out back in may of 2021, and he is trying to put a VPO on me and all I do is worry about him.

I should have rights to check on my son, he thinks IM out to hurt him cause he stole a truck from me which is NOT the case I love him very ,much and I just want to check on him, Im his father what are my rights, He is 18 tho but still

Pete David Louden
Pete David Louden answered on Nov 4, 2021

If a protective order has been filed, hire an attorney to defend you. You do not want a PO to be entered because it can follow you and impact your life in many ways.

Best of luck.

1 Answer | Asked in Civil Litigation for Oklahoma on
Q: Will a motion to vacate buy me more time to move.
Charles Watts
Charles Watts answered on Oct 17, 2021

More details are needed, however a simple motion is only that until a judge has a hearing and makes a ruling on that motion. Therefore, until that time the short answer would be no.

1 Answer | Asked in Civil Litigation for Oklahoma on
Q: I was pulled over bc the officer said my tags were out. Their not he wrote me a ticket no license AND TO JAIL

HE. FIRST said my tags were out then he said he couldn't read them. Then wrote the ticket AND TOOK me to that legal?

Charles Watts
Charles Watts answered on Oct 6, 2021

If the stop is found to be valid - unable to read the license plate because it’s dirty, covered, sticker in wrong spot, etc… would most likely be determined as valid, then yes the no license issue is also enforceable.

1 Answer | Asked in Civil Litigation and Small Claims for Oklahoma on
Q: Hello, I have a law firm contacting me about Capital one suing me for a debt from 2004. Aren’t I passed the SOL?
Charles Watts
Charles Watts answered on Jun 21, 2021

It depends on when the account was officially closed. Theoretically there is a SOL but that may not even start for years after you think it started. Contact an attorney that can delve into this in more detail.

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Oklahoma on
Q: What exactly makes a contract binding, and what legality surrounds verbal agreements?

My sister and her partner entered a contract written up by their friend, the friend, upon receiving the full amount of money will sign over everything in a building to them. However, I believe a verbal agreement was made that a full set of items would be included, yet the items were not in the... Read more »

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

Verbal contracts are enforceable. However, they are harder to enforce. You would have to file a lawsuit against the party that didn't perform under the terms of the verbal contract. You would need witnesses to testify in court of the verbal contract and the terms. The judge would determine if... Read more »

1 Answer | Asked in Civil Litigation for Oklahoma on
Q: if the brother of my roomate/boyfriend thatdied i was common law with gets granted to be personal rep kicks me out

is there a way to overturn this since i was common law married to him and there was no will in place

Jessica Brown
Jessica Brown answered on Mar 22, 2021

I am sorry for your loss.

If you were common law married, you can fight this and argue to prove it in court. You'll need to contact an attorney to go through the specifics here because this will be very fact intensive.

I wish you the best.

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Civil Rights for Oklahoma on
Q: What motion do I file when I am denied cross examination of a states witness by a judge or court in oklahoma?

A caseworker states false affidavit then resigns the judge denied cross examination or a continuance when I had factual evidence contradictory to caseworkers statement and affidavit

Pete David Louden
Pete David Louden answered on Feb 19, 2021

This would depend on the details and the specific reason the court made that ruling. Did you have an attorney or were you trying to represent yourself?

1 Answer | Asked in Civil Litigation, Construction Law and Small Claims for Oklahoma on
Q: On title 47 section 901 I had only abandoned vehicle for two hrs or less do I have a law suite?
Charles Watts
Charles Watts answered on Feb 8, 2021

This can dependent on who removed the vehicle and from where. If the vehicle was on private property then §901 would not apply and therefore the 48 hours that you are wanting to enforce is not applicable because the land owners rights supersede your vehicle rights. If the vehicle was removed by... Read more »

1 Answer | Asked in Civil Litigation for Oklahoma on
Q: Wer in Oklahoma I’m still raising 2 minors isn’t it illegal for my 24 year old daughter to always dump her on me

We live in Oklahoma. I’m still raising 2 kids of my own , isn’t it illegal for my 24 year old daughter to always dump her kids off on me all the time ? She doesn’t ask or give notice she just brings them and then I’m liable for a total of 5 kids by myself. I have tried telling her not to do... Read more »

Pete David Louden
Pete David Louden answered on Jan 26, 2021

What you have described is not illegal. If you do not want to watch the children tell the mother no.

1 Answer | Asked in Civil Litigation for Oklahoma on
Q: MY HUSBAND AND I DID A CONTRACT FOR DEED" Never Missed A Payment.Always paid on Time Sellers wanted to raise the paymen

We have paid more than 55,000 in on time mortgage payments.We have obtained financing and our approved but Buyer want 304,000 and not subtract the 55,000 we've paid.and want us to sign a new contract to raise mortgage payment which we will not.what would you suggest.we also have the option to... Read more »

James Tack Jr
James Tack Jr answered on Dec 3, 2020

I would suggest you take the contract for deed along with any other documents to an attorney to have them reviewed. It sounds like you are not being treated right, but it all depends upon the terms of the contract.

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 »

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