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Oklahoma Civil Litigation Questions & Answers
1 Answer | Asked in Arbitration / Mediation Law, Civil Litigation and Construction Law for Oklahoma on
Q: What type of lawyer would specialize in an invoice dispute?

Dispute is between a private resident and a construction company invoice for work performed at home.

Tim Akpinar
Tim Akpinar
answered on Oct 21, 2022

An Oklahoma attorney could advise best, but your question remains open for three weeks. A civil litigation attorney should be able to handle a straightforward one. If the matter is highly technical with engineering or architectural attributes, there are construction law attorneys. Good luck

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 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 PRO label
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 Banking, Civil Litigation, Estate Planning and Probate for Oklahoma on
Q: My husband passed away a month ago and his family is not allowing me to go to my house. Can they make me leave?

They also closed his bank account after telling me that I couldnt because it was going to probate which it did not. My inlaws live directly behind us so they claim that I cant be on family land. We have a mortage through Choctaw Nation as Iam a tribal member but the deed is in his name only. Weve... Read more »

Charles Watts
Charles Watts
answered on Jul 27, 2022

Sorry for your loss. Losing a loved one is hard enough by itself but then to have family issues on top of that makes it worse. Based on the limited amount of information you gave you need to contact an attorney as soon as feasible because you most likely have more rights than they are claiming you... Read more »

1 Answer | Asked in Criminal Law, Divorce, Civil Litigation and Civil Rights for Oklahoma on
Q: Can I post a picture of my husband and his truck on social media

My perfect husband was identified picking up a prostitute on South side of okc so I took a picture of him and his truck with the caption I WAS BUSTEX PICKING UP A NASTY DIRTY XX AND I DIDNT CARE THAT THEY MAY HAVE MANY diseases so if you **** or xx me please message me cuz my wife has the right to... Read more »

Charles Watts
Charles Watts
answered on Jun 20, 2022

Short answer is people post many things on social media - often before thinking about the long-term effect. Can you and should you are not necessarily equal partners. As with almost every lawyer, the advice is do not post it. Seek counseling for you both, and if that fails then dissolution can... Read more »

1 Answer | Asked in Civil Litigation and Criminal Law for Oklahoma on
Q: If my home was robbed shouldn't the deputy have came to investigate and not my workplace 24 hours later?

This happened in October and they know who did it, have evidence yet nobody updates me. It wasn't turned over to the da until December even tho the deputy tried to tell me November. I called this week to get an update and was told they were not going to do anything, prosecutorial discretion. I... Read more »

Charles Watts
Charles Watts
answered on Jun 20, 2022

Not sure your question relates to the result you are seeking. The deputies actions would have to be viewed in the light of all other calls taken, as well as your availability when they were responding to the call. If you were not home when they were cleared off their other calls and you were at... Read more »

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...
Read 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... Read more »

David A. Cincotta
David A. Cincotta PRO label
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 PRO label
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 jail.is 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
PREMIUM
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 »

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