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Oklahoma Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation and Real Estate Law for Oklahoma on
Q: i gave a family member $9000 down on a home she wanted 15000 now she says she is selling it to someone else to get out

can she do that i was to pay the rest when i got the rest of my ssi backpay she says she will give me some money when she sells it i put 3000 in work for plumbing electrical paint etc what can i do we had no paperwork i just have phone messages

Doak Willis
Doak Willis answered on Nov 13, 2017

Generally oral contracts for the sale or purchase of real property are not enforceable because of the statute of frauds which states those type contracts must be in writing. There are exceptions to this rule which are long and hard to explain in this type post. You need to seek an attorney now and... Read more »

2 Answers | Asked in Divorce, Family Law, Civil Litigation and Civil Rights for Oklahoma on
Q: Can school prevent a father w/ Joint custody from seeing his daughter just because the ex-wife won't add him as contact?

I have joint custody w/ my 12 year old daughter. Her mother is the Custodial w/ final decision making authority.Her mother enrolled her in Lake Hefner school without me being listed as a Contact and did so without providing the school her Birth certificate to prove she is her mother. I am my... Read more »

Gary Johnston Dean
Gary Johnston Dean answered on Nov 11, 2017

You have a right to all of her school records as a start. The statute follows. You need to take this, together with a copy of your divorce papers to the school, and discuss the matter again.

http://www.oscn.net/applications/oscn/deliverdocument.asp?id=455289&hits=

Please...
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1 Answer | Asked in Banking, Civil Litigation and Family Law for Oklahoma on
Q: my uncle just got married yesterday, does his wife have access to his banking and other accounts

may father and uncle have joint banking accounts does my uncle's new wife have access to them

Jason Perkins
Jason Perkins answered on Nov 10, 2017

There are a few questions here that are left unanswered. You really should sit down with an attorney and discuss. However, it really depends on your uncle and what he gives her access to. If he gives her the credit card to the account then theoretically yes she has access. If he does not however... Read more »

1 Answer | Asked in Banking, Civil Litigation, Estate Planning and Family Law for Oklahoma on
Q: my uncle just got married yesterday, my father and uncle share banks accounts how will this affect my father and family

my father and uncle have a shared bank account, my uncle just bought a new house from his new wife's ex-husband, how will this new marriage affect my father's shared assets and how might my uncle's mortgage effect my father and how might my uncle's new marriage effect my... Read more »

Jason Perkins
Jason Perkins answered on Nov 10, 2017

There are quite a few unanswered questions here. I would recommend siting down with an attorney to answer a lot of the intricacies that this question could entail. Essentially though the new wife would only be entitled to an equitable division of the assets that the uncle owns. If the uncle owns... Read more »

1 Answer | Asked in Civil Litigation, Family Law, Consumer Law and Native American Law for Oklahoma on
Q: my wife took 3 of my car titles in my name only to her indian tribe tag office and came back with titles and in her name

what can I do legaly and can I sue the tribe for this becacause she said the lady said to sign my name on there and she also signed my name on tax papers

Pete David Louden
Pete David Louden answered on Oct 30, 2017

Gather the titles and any other info you have and schedule an appt with an attorney to review your case. After looking at everything you have they will be able to tell you your options.

1 Answer | Asked in Civil Litigation, Probate and Real Estate Law for Oklahoma on
Q: My question is in;More information:

"How to answer the attached petition when served a summons as defendant( named the unknown heirs, Successors and assigns, immediate and remote of[ name of deceased] and[ name of person served], if living, and if she be deceased, then her unknown successors, heirs, and assigns, immediate and... Read more »

Richard Winblad
Richard Winblad answered on Oct 3, 2017

Sorry, your question is difficult to answer without more information. You should consult an attorney.

1 Answer | Asked in Civil Litigation and Probate for Oklahoma on
Q: I inherited Okla royalties from my Stepdad who died in Tx.Will states to follow laws of Texas.Okla will not

allow royalties to be sold by me (indep.executor) and distributed to heirs unless will is probated in Okla....true?

Richard Winblad
Richard Winblad answered on Aug 23, 2017

Sounds correct. If the Texas probate is completed Oklahoma requires an Ancillary probate. This is relatively quick and inexpensive.

1 Answer | Asked in Civil Litigation and Wrongful Death for Oklahoma on
Q: How can i tell if there its a law suit from fam memb over my moms death in Oklahoma.shews hit by3 cars 1pers is settlin?
Peter N. Munsing
Peter N. Munsing answered on Jun 20, 2017

If one is settling someone has a lawyer and you want to make sure they know where you are. Why not contact a member of the Ok. Trial Lawyrs Assn--they give free consults.

1 Answer | Asked in Civil Litigation and Criminal Law for Oklahoma on
Q: Can law enforcement pursuit a search warrant on a residence if nobody was at residence at time of search and seizure
Robert Donald Gifford II
Robert Donald Gifford II answered on May 21, 2017

Yes. There is no requirement for anyone to be at home, and is often preferred by law enforcement for safety. A search warrant is only for a location that has been allowed by judicial review and probable cause.

1 Answer | Asked in Civil Rights, Civil Litigation and Native American Law for Oklahoma on
Q: the secretary of the interior,attorney general and secretary of treasury were all summoned.No answer.Past time.

Im acting Pro Se in a native american civil lawsuit.The District court I filed my complaint summoned the Secretary of Interior Ect.... because of jurisdiction.There has been no answer to my complaint and it is way past the time to answer. why isn't anyone responding to any motion I have asked... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 27, 2017

Did you have a summons properly served on each defendant?

1 Answer | Asked in Criminal Law, Family Law, Real Estate Law and Civil Litigation for Oklahoma on
Q: NoTrespassing posted. Can I chrg sister for entering my home w/o consent, taking her belongings, if order not yet served

A protective order had been filed but not served. She 'stomped on in' with only my 14 year old present.

Frank A. Urbanic
Frank A. Urbanic answered on Mar 1, 2017

Call the police if you think she broke the law. The prosecutor is who would charged her with a crime if they think one happened.

1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Collections for Oklahoma on
Q: Had 1st hearing in a junk-debt case, argued Plaintiff's exhibits were hearsay, judge gave me 30 days to talk to a lawyer

The debt is a credit card debt. My written response included many objections, but at the hearing I simply argued that the Plaintiff's exhibits were hearsay and that without evidence of a *written* contract, the statute of limitations would be 3 yrs, which had already elapsed by the time the... Read more »

Glenn B. Manishin
Glenn B. Manishin answered on Feb 6, 2017

If this is a trial, as opposed to summary judgment or motion to dismiss, an affidavit is inadmissible, so your question is difficult to understand. Get a lawyer, as you are plainly prejudicing your rights by representing yourself.

1 Answer | Asked in Personal Injury and Civil Litigation for Oklahoma on
Q: If a suit was filed, and ruled on. Appeals filed, then atty for plntf left practice. W/o notice. Where is it found

The petitioner wasn't notified when his attorney left. The suit sat idle for a few years. After the defendant filed am appeal. Where can this lawsuit be found? If the appeal was adjudicated. Where can the ruling be found?

Peter N. Munsing
Peter N. Munsing answered on Jan 27, 2017

Look at the courthouse where it was filed. That will have the notice of appeal, which will have the Court it goes to. So you go to that Court's system. Look there. If a further appeal happened look there. Ruling would be in a court opinion or final order.

You need then to contact a...
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1 Answer | Asked in Civil Litigation for Oklahoma on
Q: How long does summary judgement take
Howard Berkson
Howard Berkson answered on May 10, 2014

Summary judgment can be very simple or very complicated. The more complicated it is, the longer it will take for a judge to rule on it. Also, it depends on how busy the court is where the motion for summary judgment is pending. We don't have enough information to give a more concrete answer.

2 Answers | Asked in Civil Litigation for Oklahoma on
Q: I cannot afford the amount my wages are being garnished. What can I do?

My wages are being garnished to the point that I have to work a lot of overtime just to make ends meet. I was already being garnished for child support. Yesterday when I picked up my check I found out that my former apartments have garnished my wages for unpaid rent. When I was evicted in 2010,... Read more »

Howard Berkson
Howard Berkson answered on Nov 13, 2013

Garnishment amounts are typically determined by formula and the usual reaction by courts is that you must learn to live within what is left. There are different caps depending on why each garnishment was levied against you and there is a total cap for all garnishments. You should have received... Read more »

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1 Answer | Asked in Civil Litigation for Oklahoma on
Q: Do verfifications need to be notarized
Doak Willis
Doak Willis answered on Jun 25, 2013

Yes. Verifications are declarations under oath, which notaries in Oklahoma are capable of attesting to. A verification is a declaration that the statements made by the declarant, are true.These statements are usually contained in pleadings filed in a case. Some pleadings, such as a petition for... Read more »

1 Answer | Asked in Civil Litigation for Oklahoma on
Q: What paper does a person need to file to represent self in oklahoma civil court?
Doak Willis
Doak Willis answered on Apr 13, 2013

There is no particular paper that is mandated to be filed to represent yourself in civil litigation in Oklahoma. However, if you represent yourself, called pro se in legal speak,you must be familiar with all the rules of the District Court in front of whom you will be appearing. Further, you will... Read more »

1 Answer | Asked in Civil Litigation for Oklahoma on
Q: What does "dismissed without prejudice mean" about a court case against Wells Fargo mean?

How do I look it up?

Doak Willis
Doak Willis answered on Apr 13, 2013

"Dismissed without prejudice" means the Court or a party to an action filed in District Court has dismissed the litigation as to that party or possibly the entire cause of action.Thus, if it was dismissed without prejudice against Wells Fargo, this means Wells Fargo is no longer a... Read more »

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