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Oklahoma Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law and Small Claims for Oklahoma on
Q: I am being sued, and they said I was served but I wasn’t. Can this civil lawsuit be dropped on that basis?

The judgement was defaulted in the amount of $1550, since I didn’t appear because I wasn’t served at all.

Doak Willis
Doak Willis answered on Nov 4, 2019

Yes but you must file the necessary paperwork immediately and be ready to prove you were in fact not served.

1 Answer | Asked in Consumer Law, Criminal Law, Business Law and Collections for Oklahoma on
Q: I own a used car dealership. I have a truck a man never made a payment and hasn't for 3 months now tried repo larceny?

He apparently has sold it or parted it out

Brian Boeheim
Brian Boeheim answered on Nov 1, 2019

There is a larceny by fraud charge that may apply, but it is really more of a civil issue. If the vehicle is $10,000 or less, small claims court may be an inexpensive way to get a judgement on the person and gain access to any assets they may have. Boeheim Freeman Law... 918-884-7791

2 Answers | Asked in Bankruptcy, Consumer Law, Civil Litigation and Civil Rights for Oklahoma on
Q: How can I vacate a default judgement due to lack of jurisdiction

Default judgment when I did not reside in state was never served but served by publication but did not reside in the state. Judgment never domesticated to my state. Wages garnished

Timothy Denison
Timothy Denison answered on Sep 30, 2019

You’d better hire a lawyer to handle both for you.

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1 Answer | Asked in Consumer Law and Collections for Oklahoma on
Q: I completed a total remodel of a rent house now owner refuses to pay me, how can I collect my money
Doak Willis
Doak Willis answered on Sep 12, 2019

If you were the contractor, you can file a mechanics and materialmans lien on the property as long as it is not too long after you last worked on the property or supplied materials. Then if they don't pay, you can foreclose the lien.

1 Answer | Asked in Consumer Law for Oklahoma on
Q: What are our options?

Purchased new car. Traded in truck. Positive value after lein was paid off. Checked credit score 4 times each after financing and loan papers were signed. Now late payments on trade in they never paid off. Wanted payment made to dealer not finance company.

David Humphreys
David Humphreys answered on Sep 8, 2019

Hire a lawyer to take the case on a contingent fee basis.

1 Answer | Asked in Consumer Law, Copyright and Criminal Law for Oklahoma on
Q: What does PHA stand fir
Tim Akpinar
Tim Akpinar answered on Aug 30, 2019

It could stand for any number of things. It could be something dealing with Public Health, Public Housing, or possibly based on the name of a city or town. It's anyone's guess. If you received something that looks legal or formal that contains the abbreviation, contact the sender and ask them what... Read more »

1 Answer | Asked in Consumer Law, Criminal Law, Collections and Gov & Administrative Law for Oklahoma on
Q: I purchased a car from private seller she gave me bill of sale i have not had momey to transfer ownership

I got pulled over in weaverville nc and they towed the car i went to try and get my clothing out of car and thats when i found out the owner had passed away can i aleast get my clothes out of the vehicle

Keegan Kelley Harroz
Keegan Kelley Harroz answered on Aug 26, 2019

In Oklahoma, the car title must be in your name before any property can be released to you.

1 Answer | Asked in Consumer Law, Contracts and Copyright for Oklahoma on
Q: They is a woman that is flirt with a married man that is my husband

Me and my husband have two kids and this woman that has been hitting on my husband she dose not care

Kyle Persaud
Kyle Persaud answered on May 28, 2019

If all that this woman is doing is flirting with your husband, that's not illegal.

1 Answer | Asked in Consumer Law and Contracts for Oklahoma on
Q: A mechanics lien has been filed on a property of ours, we disagree with the charges.

We had a vendor file a lien on our property after not completing a job. We received an invoice from an owner of this company, and it was incomplete in detail. We asked for another invoice more complete. We were told it was only a form error and that all work would be performed for the price that... Read more »

Kyle Persaud
Kyle Persaud answered on Mar 6, 2019

You may subpoena the manager to show up in court. You can present the text messages in evidence. You may introduce anything into evidence that has "any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would... Read more »

1 Answer | Asked in Consumer Law, Contracts and Criminal Law for Oklahoma on
Q: Can my attorney drop me because I have not fully paid him yet?

My trial starts January 2019 and my attorney said if I haven't paid him by October 31 2018 he is going to drop me. Can he do that and if he does then what do I do?

Keegan Kelley Harroz
Keegan Kelley Harroz answered on Oct 4, 2018

If your boss stopped paying you for coming to work, you would quit and find a new job. If you are not paying your attorney, your attorney can withdraw from your case. If your attorney withdraws from your case, you will be required to hire a new attorney.

1 Answer | Asked in Consumer Law, Contracts, Foreclosure and Real Estate Law for Oklahoma on
Q: Who do I see to learn if an action has been filed on a mechanic's lien or if a hearing date has been set or is pending?

I have not been served a summons, although I have reason to believe that such may be forthcoming. I have offered settlement and have made previous payment and have sent a recent check to the merchant, which cumulatively amount to 75% of all claimed charges but have been stonewalled. The most... Read more »

Todd Laster
Todd Laster answered on Sep 27, 2018

You can search to see if a mechanic's lien has been filed on your property by searching in the land records division of the Court house where the property is located. There is a fee for copies. If the creditor makes an attempt to foreclose on the mechanics lien you should be notified by a summons.

1 Answer | Asked in Consumer Law and Small Claims for Oklahoma on
Q: If I am sued for payday loans, will I be notified to appear so they can’t throw me in jail?
David Humphreys
David Humphreys answered on Aug 18, 2018

You cannot be thrown in jail for failing to pay a lender. You can be jailed for contempt of a court order. Follow the orders of the court and you won’t go to jail.

You may not have to pay if your income is ssa, ssd, retirement or certain other “exempt” income.

Check with a...
Read more »

1 Answer | Asked in Consumer Law for Oklahoma on
Q: I bought a vehicle in oklahoma in feb18 with buy here pay here that had their own finance company. I surrendered .

I surrendered the car due to inability to pay in early April it took them until June 9

to send me the letter. They refuse to talk with me via written communication they want to talk on the phone instead so I'm unable to have any proof of what was said.

Because of change in... Read more »

Todd Laster
Todd Laster answered on Jun 28, 2018

The deficiency balance that is still owed can be collected by the creditor in State Court by receiving a judgment and then collecting on the judgment with a wage garnishment. In Oklahoma up to 24% of a debtor's wages can be garnished for this type of debt. deficiency balances on repossessions can... Read more »

1 Answer | Asked in Consumer Law for Oklahoma on
Q: I took out a loan The lady left me a voicemail saying she was issuing a warrant picking me up after work?
David Humphreys
David Humphreys answered on May 21, 2018

This is predatory and not legal in Oklahoma. Search for and hire a consumer protection lawyer.

2 Answers | Asked in Consumer Law, Criminal Law, Civil Litigation and Small Claims for Oklahoma on
Q: Will Walmart come after me? They have sent the 3 letter & it was dismissed by the court due to my mom having dementia

My mom was w me & she wasn’t scanning items & they thought she purposely took them & I tried to tell the security guy that it was a mistake & my mom has dementia but he wasn’t letting it go. It was dismissed by the court. I keep getting letters from Walmart to pay $100 & if I dont, they will... Read more »

Frank A. Urbanic
Frank A. Urbanic answered on Apr 23, 2018

They could go after you in civil court.

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1 Answer | Asked in Consumer Law and Civil Litigation for Oklahoma on
Q: What recourse do I have when an auto mechanic is trying to obtain a Title 42 on my deceased son's car?

My son which is now deceased was employed by the same auto repair shop that is trying to obtain the Title 42 on grounds of abandonment also requesting payment for unauthorized repairs done after my son was killed.

David Humphreys
David Humphreys answered on Apr 12, 2018

You can file a suit either in small claims court, if the vehicle is worth less than or not more than 10,000. if its worth more you would have to sue in District Court. Im sorry for your loss and wish you the best in your search for justice.

1 Answer | Asked in Consumer Law, Family Law and Collections for Oklahoma on
Q: Can debtors try to get my family to pay my debts or get my life ins. if I am the sole signee on loans and credit cards?

When I pass away?

Gary Johnston Dean
Gary Johnston Dean answered on Mar 22, 2018

No your family is not responsible, and life insurance payable to individuals is safe. However, if you have other properties subject to probate, creditors can file claims against your estate. See a lawyer to help plan your estate to avoid probate.

1 Answer | Asked in Banking and Consumer Law for Oklahoma on
Q: I have a bank my mother helped me get. Her name is on the account. I got a loan she did not cosign can they go after her

I signed for the loan not her, she says because she opened the account they will make her pay it, but this isn't an account were talking about its a loan....I can't afford it I need bankruptcy if I pay them a dime I won't be able to do the bankruptcy cuz I'm broke bad...she wants me to pay them... Read more »

David Humphreys
David Humphreys answered on Jan 22, 2018

your mom is only liable to the extent she puts any of her money in the account. The bank can definitely drain the joint account to pay down the loan.

1 Answer | Asked in Bankruptcy, Consumer Law, Gov & Administrative Law and Insurance Bad Faith for Oklahoma on
Q: A case was filed against me in U.S. District Court, Oklahoma Northern District, on July 5, 2017. Must I have a lawyer?

Suit by Met Life to reclaim life insurance paid to me in error. I was not at fault in any way but cannot repay. It was in 2014. Can I get advice?

Gary Johnston Dean
Gary Johnston Dean answered on Nov 30, 2017

Sorry I didn't see this sooner. YES, you should hire an attorney, if you haven't already. Representing yourself in Federal Court is much more difficult than in state courts, as I am sure you have learned by now.

Please visit my website, www.GaryJDean.com, and at the bottom of the homepage,...
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