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Oklahoma Consumer Law Questions & Answers
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... View 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... View 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.

1 Answer | 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... View More

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

They could go after you in civil court.

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... View 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...
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1 Answer | Asked in Consumer Law, Personal Injury and Car Accidents for Oklahoma on
Q: Is Oklahoma a diminished value state?

Was in a 0% at fault wreck, where the other party broke the law and hit me. Vehicle is being repaired but I'd like to get diminished value of the vehicle to help hold me over while recovering from injuries and can't work.

Peter N. Munsing
Peter N. Munsing
answered on Nov 11, 2017

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.

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 Consumer Law and Estate Planning for Oklahoma on
Q: Can you use a payable-on-death to transfer vehicle?

Can you use a payable-on-death to transfer vehicle in Oklahoma? How is this done and is there a specific document you use?

Richard Winblad
PREMIUM
Richard Winblad
answered on Oct 3, 2017

Oklahoma has a transfer on death form for vehicles. It is available online. Contact an attorney if you need assistance.

1 Answer | Asked in Consumer Law for Oklahoma on
Q: In the MLA I was supposed to be denied the loan, not fully aware of the 79% interest rate that would follow.

The lenders aren't allowed to sign loans with military members or spouses of members with these types of loans. I have a copy of the agreement showing a 79% interest on the loan yearly. With the MLA it is supposed to be limited or capped. I have more than paid the loan back but with the... View More

David Humphreys
David Humphreys
answered on Sep 21, 2017

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... View More

1 Answer | Asked in Consumer Law, Contracts, Arbitration / Mediation Law and Stockbroker Fraud for Oklahoma on
Q: Does the MLA (military lending act) cover me in this situation?

I was enlisted at the time I signed for a predatory payday loan and have been paying them for almost two years constantly having to renew as it's almost impossible to pay them off. I heard about the MLA and each time I ask the company about it they never answer me and refuse to give anything... View More

David Humphreys
David Humphreys
answered on Sep 16, 2017

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...
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1 Answer | Asked in Business Law, Consumer Law, Health Care Law and Employment Law for Oklahoma on
Q: I am a member of a non-profit called Christian Healthcare Ministries.It is a ministry where members share members health

insurance costs.It is not an insurance company so they have a pre-existing condition limitation.Pre-existing is defined as having symptons, signs or treatment within 1 year of joining.I joined in April 2016.I had a condition in Aug 2014 and last visit for it was Dec 2014.I had another incident in... View More

Howard Berkson
Howard Berkson
answered on Apr 20, 2017

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.

1 Answer | Asked in Contracts and Consumer Law for Oklahoma on
Q: How can i get out of contract on new car purchase 12days ago ?

Income cant cover payments

Howard Berkson
Howard Berkson
answered on Apr 20, 2017

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... View More

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... View 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 Bankruptcy, Consumer Law and Family Law for Oklahoma on
Q: My ex husband and I filed chapter 13 on our mortgage in 2007 and in 2008 got divorced.

I moved out and left him the house. I obtained a lawyer and had the bankruptcy discharged since I had left the marriage with just my personal belongings. In 2009 he filed chapter 11 on the mortgage. Now on my credit report, it is showing that I am behind 90-120 days with a mortgage company for... View More

Todd Laster
Todd Laster
answered on Jun 9, 2016

If you surrendered the home in your prior bankruptcy, you may have a claim against the mortgage company violating the discharge. You should contact your previous bankruptcy attorney about this matter as you may have a claim against the mortgage company. If your prior Chapter 13 bankruptcy was... View More

1 Answer | Asked in Consumer Law for Oklahoma on
Q: I am being harassed by a collection agency. I am not the person they want. How do I make them stop?

This has gone on for 7 months. I have told them repeatedly," I am not George,please remove my number".The only response to date is blocking their number. Will the Oklahoma Atty. Gen. be able to help me?

Howard Berkson
Howard Berkson
answered on Dec 1, 2013

The Attorney General will likely be able to help you. You might also consider talking to an attorney about state and federal laws that govern debt collection practices.

1 Answer | Asked in Consumer Law for Oklahoma on
Q: If i dont receive my car title, do i have the right to cancel my contract without a repo on my credit?

The dealership failed to send me the title in a reasonable amount of time. Can i get out of my contract without a repossession on my record? Is this justified cause for a claim?

Howard Berkson
Howard Berkson
answered on Dec 1, 2013

You may be entitled to damages for any harm caused by their failure to send you a title certificate, but it is unlikely you could get out of the sale.

1 Answer | Asked in Consumer Law for Oklahoma on
Q: My ex purchased a car for me after we split up does he have the right to take it back?
Howard Berkson
Howard Berkson
answered on Dec 1, 2013

Maybe. It depends on all the surrounding facts and circumstances. For example, was there was a legally enforceable agreement between the two of you that would prevent him from taking it back? Did he have legal title to the vehicle at the time he took it back? Can you prove it was a gift even if... View More

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