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Oklahoma Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation, Constitutional Law and Municipal Law for Oklahoma on
Q: What are the laws on using chalk on public streets for artistic purposes?
James L. Arrasmith
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answered on Dec 30, 2023

The laws regarding using chalk on public streets for artistic purposes can vary depending on the locality. In general, many places consider chalk art as a temporary, non-destructive form of expression, often likened to free speech under the First Amendment.

However, some cities or towns may...
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1 Answer | Asked in Contracts and Civil Litigation for Oklahoma on
Q: Do we need a lawyer to collect on $11,000 promissory note? It is from an LLC and personally guaranteed by members

There are 2 members and it was due Sept. 29, 2023. Could we just file in small claims courts against each of them?

Anthony Jackson
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answered on Dec 20, 2023

You might need a lawyer; however, there could be other options depending on your particular facts. A lawyer who bills by the hour might take on your case. If the lawyer can send a letter and get payment or obtain and enforce a judgment without spending a lot of time on your case, hiring an hourly... View More

1 Answer | Asked in Civil Litigation for Oklahoma on
Q: Some of you guys told for me establishment and the property owner said it was fine to be there we got the parts

Went back up there and it was removed apparently by a sheriff is it legal for them to remove my vehicle without permission from the property owner

James L. Arrasmith
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answered on Dec 20, 2023

In your situation, where a vehicle was removed from a property despite having the property owner's permission to be there, several factors need to be considered to determine the legality of the removal.

First, it's important to understand the specific circumstances under which...
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1 Answer | Asked in Civil Litigation for Oklahoma on
Q: Can I repossess my vehicle that someone test drive and won't return

Someone test drive my vehicle and now won't return the vehicle. I'm wondering if I can legally repossess my vehicle that is titled in my name

James L. Arrasmith
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answered on Dec 10, 2023

In Oklahoma, if someone takes your vehicle for a test drive and fails to return it, this can be considered unauthorized use or even theft, especially if it's clear they have no intention of returning it. Since the vehicle is titled in your name, you have the legal right to its possession.... View More

1 Answer | Asked in Landlord - Tenant and Civil Litigation for Oklahoma on
Q: My “roommate” brought in a cat without permission and it messed my furniture up and she never gave me a deposit

She is refusing to do so which is $300. Can I sue and if so how much would it cost me in the state of Oklahoma. My landlord said the money is in between me and her because everything is in my name.

T. Augustus Claus
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answered on Nov 29, 2023

Yes, you may be able to sue your roommate for the damage to your furniture and for the pet deposit that she never paid. In the state of Oklahoma, you have the right to sue someone for damages that they caused to your property, even if that person is your roommate.

Here are the steps you can...
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1 Answer | Asked in Civil Litigation for Oklahoma on
Q: I own a pickup w/title that was parked by permission of the land owner for over 6yrs. The landowners wife wants to sell.

Is it illegal to regain the pickup into my possession?

James L. Arrasmith
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answered on Nov 28, 2023

Based on the details provided, it would likely be legal for you to regain possession of the pickup truck since you have the title documenting ownership. A few key considerations:

- If the truck was parked on private property with the landowner's permission, they do not have grounds to...
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2 Answers | Asked in Civil Litigation and Traffic Tickets for Oklahoma on
Q: Do I have to right to drive my vehicle with out a tag. Constutional right to travel?

I have a bill of sale and I am waiting for the title. Got a citation for failure to register and expired tags which it doesn't have a tag to expire.

Charles Watts
Charles Watts
answered on Nov 29, 2023

While I agree with my colleague there is a brief period where you can drive without a tag and only a bill of sale. This period is five days from the date of sale. After that you must have it titled/registered. If you purchased from a car lot they just provide you with a dealer tag which would allow... View More

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1 Answer | Asked in Civil Litigation and Native American Law for Oklahoma on
Q: Can I be sue by a creditor under mcgrudy law
Charles Watts
Charles Watts
answered on Feb 22, 2025

I can only assume you are referring to McGirt - but McGirt affects criminal jurisdiction. It does not address civil actions.

1 Answer | Asked in Consumer Law, Real Estate Law and Civil Litigation for Oklahoma on
Q: Unlawful car impoundment and auction in Oklahoma with no notification.

I found out my car was auctioned when I contacted local tow companies after it was unlawfully impounded in Oklahoma without any notification. The towing company refused to provide me with information about the auction. Everything I owned was in the car, and I have not received any compensation or... View More

Charles Watts
Charles Watts
answered on Feb 22, 2025

Contact an attorney to help you with this. Tow companies very rarely 'unlawfully' impound a vehicle, and therefore you will have to first prove that as the first step. Then after you prove that, then your next course of action will then develop. All these steps are beyond this forum.

1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Native American Law for Oklahoma on
Q: I am refused my seizure medication for unknown reason what do I do

I contacted the head physician by phone on 12/6/24 and I was informed by the head physician that I will receive a phone call by his nurse with another appointment and I have not received a call. I have asked requested and demanded my seizure medication and I received gabapentin and vitamin D this... View More

James L. Arrasmith
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answered on Feb 8, 2025

It sounds like you are dealing with a frustrating and potentially dangerous situation. If you are being denied your seizure medication without explanation, you have the right to demand answers. Start by documenting everything—dates, times, and details of every call, request, and response you’ve... View More

1 Answer | Asked in Business Formation, Business Law, Civil Litigation and Federal Crimes for Oklahoma on
Q: Brother in law taking money from a business agreement . They are contracted pay. They use it to pay bills, give us the r

Give us the reat and we believe they are taking money because they have been around 1000 short every month for the last six months they refuse to show us the pay check and bills paid. What can I do

James L. Arrasmith
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answered on Jan 6, 2025

I'm sorry you're facing this situation. Start by gathering all available records of the business transactions, including contracts, invoices, and any communications related to payments. Document the discrepancies you've noticed over the past six months to have a clear picture of... View More

1 Answer | Asked in Civil Litigation and Civil Rights for Oklahoma on
Q: What are the proper forms to use for a former inmate who is sewing prison staff for rights violated while incarcerate

Inmate rights violated by oklahoma prison staff. Inmate attempts to exhaust administrative remedies but is thwart until discharge. Now free former Inmate wants to file suit against prison staff. In prison inmates use USC § 1983 to bring suit against prison staff. What form do I use now that I'm out?

James L. Arrasmith
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answered on Jan 5, 2025

To file a lawsuit now that you are no longer incarcerated, you will need to prepare a civil complaint under 42 U.S.C. § 1983. Start by drafting a detailed complaint that outlines how your rights were violated by the Oklahoma prison staff. Make sure to include all relevant facts, dates, and... View More

1 Answer | Asked in Civil Litigation for Oklahoma on
Q: Need controlling Oklahoma case law on Service of Process under 11 OS 42-103. Publication 30 days prior to Hearing

I filed Pro Se Application to Vacate Public way. 11 OS 42-102. Court must hold hearing "within 60 days". I complied with all requirements for Service of Process in Civil Actions (Oklahoma). Problem: city was unable to get thru their steps in order to file a (favorable) Answer by the Court... View More

Charles Watts
Charles Watts
answered on Oct 7, 2024

Hire an attorney to assist you to do everything in order to guidelines and procedures. In the alternative, since this is a 'friendly suit' you can always get with the opposing side to work out some of the details such as these and file an agreed order.

1 Answer | Asked in Business Law, Civil Litigation, Consumer Law and Lemon Law for Oklahoma on
Q: Pawn shop lied about something they sold me. False advertising?

Bought computer from pawn shop due to 16GB RAM. After taking home and going through laptop, RAM is only 8GB. Is this false advertisement?

Tim Akpinar
Tim Akpinar
answered on Sep 12, 2024

An Oklahoma attorney could advise best, but your question remains open for over a week. It could be, if it was advertised as such. But it could also be an innocent error (negligent misrepresentation) if the shop believed it to be such from what the original owner told them. Good luck

1 Answer | Asked in Banking, Civil Litigation, Civil Rights and White Collar Crime for Oklahoma on
Q: I was endorsed a inheritance check from friend with no id.it was excepted ,account opened and deposited now no access

I was endorsed a inheritance check from a friend who had no idea.we went to the bank it was explained about the id and excepted.i was allowed to open new account and deposit the check,the check was legit and funds are in the account.now all the sudden the bank won't let me access the funds.i... View More

James L. Arrasmith
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answered on Jul 28, 2024

I'm sorry to hear about your situation. It sounds frustrating and confusing, especially since the bank initially accepted the check and opened the account. It's understandable that you feel deceived given the sudden change in their requirements.

The best step is to contact the...
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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).

2 Answers | Asked in Civil Litigation and Traffic Tickets for Oklahoma on
Q: Do I have to right to drive my vehicle with out a tag. Constutional right to travel?

I have a bill of sale and I am waiting for the title. Got a citation for failure to register and expired tags which it doesn't have a tag to expire.

John Michael Frick
John Michael Frick
answered on Nov 9, 2023

No, the Constitutional "right to travel" is not a defense to driving a motor vehicle on a public road without a current registration tag.

You should visit a Service Oklahoma or Licensed Operator location (formerly a Tag Agency) to process your tag, title, and tax, to receive your...
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1 Answer | Asked in Civil Litigation for Oklahoma on
Q: Can I file an Application For Order To Disclose Assets against a major corp. that lost a case I had against them?

As of September 25th, 2023 I won a civil lawsuit against a major corporation. The case involved damage to the property and unwanted removal of 40' tree on my property. I received a default judgement due to no one appearing in court, receiving $10,449 by the judge. It has been 10 business days... View More

James L. Arrasmith
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answered on Nov 9, 2023

Based on the details provided, it sounds like filing an Application for Order to Disclose Assets would be the next logical step since the corporation has not paid the judgment awarded to you. Here are a few key points to consider:

- An Application for Order to Disclose Assets is used to...
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1 Answer | Asked in Family Law, Civil Litigation, Elder Law and Military Law for Oklahoma on
Q: A first cousin is trying to take everything that my parents owned, what do I do? I have no way to pay an attorney.

I lost both my parents in one year. I was not informed of my mothers passing until she had been dead three days. My sister proceeded to have me thrown off my parents property. She embezzled money from him and then when he thought he was making my first cousin power of attorney she filed a will... View More

James L. Arrasmith
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answered on Sep 11, 2023

I'm really sorry to hear that you're experiencing this. It sounds like a really difficult situation.

In a situation like this, it is crucial to get legal assistance. Even though you mentioned that you cannot afford an attorney, you still have options. Many jurisdictions have...
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3 Answers | Asked in Civil Litigation for Oklahoma on
Q: How do u get a court date as a pro se litigant
John Michael Frick
John Michael Frick
answered on Sep 5, 2023

Request one from the court. Depending upon the type of hearing, you may need to contact the court clerk or the court coordinator depending on the particular court’s procedures.

It is common that you will need to obtain available dates from the court and then confer with the opposing...
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