Oklahoma Consumer Law Questions & Answers

Q: A mechanics lien has been filed on a property of ours, we disagree with the charges.

1 Answer | Asked in Consumer Law and Contracts for Oklahoma on
Answered on Mar 6, 2019
Kyle Persaud's answer
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 be without the evidence."

Q: Can my attorney drop me because I have not fully paid him yet?

1 Answer | Asked in Consumer Law, Contracts and Criminal Law for Oklahoma on
Answered on Oct 4, 2018
Keegan Kelley Harroz's answer
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.

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?

1 Answer | Asked in Consumer Law, Contracts, Foreclosure and Real Estate Law for Oklahoma on
Answered on Sep 27, 2018
Todd Laster's answer
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.

Q: If I am sued for payday loans, will I be notified to appear so they can’t throw me in jail?

1 Answer | Asked in Consumer Law and Small Claims for Oklahoma on
Answered on Aug 18, 2018
David Humphreys' answer
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 lawyer or legal aid.

Q: I bought a vehicle in oklahoma in feb18 with buy here pay here that had their own finance company. I surrendered .

1 Answer | Asked in Consumer Law for Oklahoma on
Answered on Jun 28, 2018
Todd Laster's answer
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 be discharged in a bankruptcy. If you are unable to satisfy this debt with monthly payments or by offering a one time lump sum settlement amount you may want to consider a free consultation with an...

Q: I took out a loan The lady left me a voicemail saying she was issuing a warrant picking me up after work?

1 Answer | Asked in Consumer Law for Oklahoma on
Answered on May 21, 2018
David Humphreys' answer
This is predatory and not legal in Oklahoma. Search for and hire a consumer protection lawyer.

Q: What recourse do I have when an auto mechanic is trying to obtain a Title 42 on my deceased son's car?

1 Answer | Asked in Consumer Law and Civil Litigation for Oklahoma on
Answered on Apr 12, 2018
David Humphreys' answer
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.

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?

1 Answer | Asked in Consumer Law, Family Law and Collections for Oklahoma on
Answered on Mar 22, 2018
Gary Johnston Dean's answer
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.

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

1 Answer | Asked in Banking and Consumer Law for Oklahoma on
Answered on Jan 22, 2018
David Humphreys' answer
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.

Q: A case was filed against me in U.S. District Court, Oklahoma Northern District, on July 5, 2017. Must I have a lawyer?

1 Answer | Asked in Bankruptcy, Consumer Law, Gov & Administrative Law and Insurance Bad Faith for Oklahoma on
Answered on Nov 30, 2017
Gary Johnston Dean's answer
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, "Subscribe" to receive occasional emails on Oklahoma Law, and changes. Thanks, Gary.

Q: Is Oklahoma a diminished value state?

1 Answer | Asked in Consumer Law, Personal Injury and Car Accidents for Oklahoma on
Answered on Nov 11, 2017
Peter N. Munsing's answer
If you have injuries you have an injury claim and should consult a member of the OK Trial Lawyers Assn--they give free consults. with your injuries this isn't d.i.y. It's also how you'll make up any loss on what you get for the property damage.

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

1 Answer | Asked in Civil Litigation, Family Law, Consumer Law and Native American Law for Oklahoma on
Answered on Oct 30, 2017
Pete David Louden's answer
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.

Q: Can you use a payable-on-death to transfer vehicle?

1 Answer | Asked in Consumer Law and Estate Planning for Oklahoma on
Answered on Oct 3, 2017
Richard Winblad's answer
Oklahoma has a transfer on death form for vehicles. It is available online. Contact an attorney if you need assistance.

Q: In the MLA I was supposed to be denied the loan, not fully aware of the 79% interest rate that would follow.

1 Answer | Asked in Consumer Law for Oklahoma on
Answered on Sep 21, 2017
David Humphreys' answer
You should obtain a consultation with a consumer law attorney. Search the web for lawyers that handle consumer fraud in Oklahoma; thats what happened to you. You need to get a competent attorney and take action. The stress of your situation is going to go away unless you deal with this problem and get started on a solution.

Q: Does the MLA (military lending act) cover me in this situation?

1 Answer | Asked in Consumer Law, Contracts, Arbitration / Mediation Law and Stockbroker Fraud for Oklahoma on
Answered on Sep 16, 2017
David Humphreys' answer
There is a federal Military Lending Act, but I am not aware of a state law passed in Oklahoma. The federal law does offer protections but you don't say in what way you think the MLA was violated. Please provide more information and I will evaluate. Thank you.

PS Don't let the time to answer the suit run, the predator will be able to get a judgment by default against you and you will lose your rights forever to defend yourself.


Q: I am a member of a non-profit called Christian Healthcare Ministries.It is a ministry where members share members health

1 Answer | Asked in Business Law, Consumer Law, Health Care Law and Employment Law for Oklahoma on
Answered on Apr 20, 2017
Howard Berkson's answer
Whether you have any legal recourse depends on the contents of your contract with the organization and with their own established past practices. You should take your paperwork to an attorney familiar with contract law and review it with him or her in detail.

Q: How can i get out of contract on new car purchase 12days ago ?

1 Answer | Asked in Contracts and Consumer Law for Oklahoma on
Answered on Apr 20, 2017
Howard Berkson's answer
I am sorry to hear you are stuck in a purchase contract you cannot afford. From a lawyer's perspective, a contract is an exchange of promises that is enforceable by law. In other words, the whole point of having a contract is to force someone to keep their promise. The consequences of breaking your contract will likely be repossession of the vehicle and a judgment against you for the amount of money you still owe minus whatever they get from selling the car at auction plus interest, fees,...

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

1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Collections for Oklahoma on
Answered on Feb 6, 2017
Glenn B. Manishin's answer
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.

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