Oklahoma Small Claims Questions & Answers

Q: If I am envolved in an Oklahoma Small Claims case can I ask the court to issue a subpoena for a witness to appear?

1 Answer | Asked in Civil Litigation and Small Claims for Oklahoma on
Answered on Apr 17, 2019
Kyle Persaud's answer
Yes.

Okla. Stat. tit. 12 s 2004.1 says, "The clerk shall issue a subpoena, or a subpoena for the production of documentary evidence, signed and sealed but otherwise in blank, to a party requesting it, who shall fill it in before service."

Ask the court clerk to issue a subpoena. Fill in the blanks, and give the subpoena to the sheriff or to a licensed process server to serve on the witness.

You can also ask the judge to call a witness or order the production of...

Q: can i sue my mom for not paying my medical bills even though I'm 18

1 Answer | Asked in Family Law, Collections, Health Care Law and Small Claims for Oklahoma on
Answered on Apr 9, 2019
Kyle Persaud's answer
If your mother agreed to pay your medical bills, then, legally, you can sue.

However, it may not be in your best interests, in the long run, to do this. A lawsuit will likely take you several years and cost you a lot of money. It could also destroy any relationship you may have with your mother. Lawsuits between family members are always the most contentious (at least in my experience.) You're opening yourself up to unpleasantness you will likely regret later.

Q: i (an 18 year old) live with my parents and they say they have the right to all of my things even if i paid for them

1 Answer | Asked in Family Law, Civil Rights, Juvenile Law and Small Claims for Oklahoma on
Answered on Mar 31, 2019
Doak Willis' answer
You are an adult at age 18. Anything you purchased with your own money is your property no matter where you live. Even if your parents gave you money as a gift or you earned it, anything you purchase with those proceeds is your property.

Q: Neighbor claims a shingle from my roof fell and hit there car and scratched it am I reliable?

2 Answers | Asked in Small Claims for Oklahoma on
Answered on Mar 27, 2019
Kyle Persaud's answer
Possibly.

In a negligence case, there are three questions that courts ask in deciding whether a defendant is liable:

1. Did the defendant owe a duty of care to the plaintiff?

2. Did the defendant breach that duty?

3. Did the defendant's breach of the duty cause harm to the plaintiff?

In the case of Lowery v. Echostar Satellite Corp., the Oklahoma Supreme Court held, "The most important consideration in determining the existence of a duty of care is...

Q: I got permission leave my property at the owners house and his son took it and soled it with out my knowledge

1 Answer | Asked in Small Claims for Oklahoma on
Answered on Mar 25, 2019
Kyle Persaud's answer
If the buyers were innocent purchasers, and if they did not know that the seller had no right to sell it, then the buyers have legal title to the property. See Okla. Stat. tit. 12A sec. 2-403, here: https://www.oscn.net/applications/oscn/deliverdocument.asp?id=65023&hits=2010+380+379+378+52+51+50+

The son may have committed larceny. You may be able to report him to the police, or sue him and recover the money from him.

Q: Does a vehicle have to yield to a pedestrian attempting to halt its movement by stepping in its path?

1 Answer | Asked in Car Accidents, Personal Injury, Criminal Law and Small Claims for Oklahoma on
Answered on Mar 13, 2019
Kyle Persaud's answer
There are a number of offenses, for which each driver may be liable.

Driver A may be guilty of assault. "An assault is any willful and unlawful attempt or offer with force or violence to do a corporal hurt to another." Okla. Stat. tit. 21 sec. 641. A attempted to injure B with A's car.

Driver B may be guilty of maliciously injuring a motor vehicle, because Driver B kicked the door repeatedly. Okla. Stat. tit. 21 sec. 1787 .

Q: I'm suing a married couple in small claims court. If only one of them gets served, can I get a judgment against both?

1 Answer | Asked in Real Estate Law and Small Claims for Oklahoma on
Answered on Dec 29, 2018
Doak Willis' answer
The process server can serve the spouse also so you can get personal jurisdiction over both. The server will have to file his return of service showing he served the husband by leaving his summons with the wife. They must live together where she was served.

Q: Can someone speak/represent someone with the defendant present, for a small claims civil matter?

1 Answer | Asked in Civil Litigation, Contracts and Small Claims for Oklahoma on
Answered on Sep 20, 2018
Richard Winblad's answer
This is a great question. Generally judges are disinclined to allow a non-attorney to participate in proceedings. However, there is the authority to allow an agent under a power of attorney to participate on behalf of his or her Principal.

Attorney General Opinion 03-026 reads concludes as as follows:

It is, therefore, the official Opinion of the Attorney General that:

An individual holding a Power of Attorney or Durable Power of Attorney may be authorized by his or...

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: Strangers broke down left their car on my property. Tried calling them, phone is off. Been here 25days. How to claim $?

1 Answer | Asked in Intellectual Property and Small Claims for Oklahoma on
Answered on Jun 8, 2018
Andrew Zulieve Esq's answer
File a report with the local police and let them investigate the matter for possible criminal charges.

Q: Is it invasion of privacy if my mother in law read every text I have ever sent off my phone. And took screenshots to use

1 Answer | Asked in Small Claims, Divorce, Civil Rights and Communications Law for Oklahoma on
Answered on Apr 2, 2018
Richard Winblad's answer
Hope this helps, there is probably also a federal statute:

Oklahoma Statutes Citationized

Title 21. Crimes and Punishments

Chapter 70 - Other Offenses Against Property Rights

Oklahoma Computer Crimes Act

Section 1953 - Unlawful Acts - Penalties

Cite as: O.S. §, __ __

A. It shall be unlawful to:

1. Willfully, and without authorization, gain or attempt to gain access to and damage, modify, alter, delete, destroy, copy, make use of,...

Q: My fiance of 5 years and I split up he took my car because he said if I wasn't going to be with him I couldn't have it

1 Answer | Asked in Divorce, Family Law and Small Claims for Oklahoma on
Answered on Mar 30, 2018
Gary Johnston Dean's answer
You should consult an experienced Family Law Attorney, in your area, for help with this problem. There are a lot of factors involved here. Being able to discuss all of them is necessary for the right decision on how to proceed.

Please visit my website https://www.garyjdean.com and Subscribe for updates on Oklahoma Law.

Q: Would being around hunters or attending hunts with others possessing firearms violate the VPO filed against me?

1 Answer | Asked in Domestic Violence and Small Claims for Oklahoma on
Answered on Dec 29, 2017
Gary Johnston Dean's answer
No it should not, as long as you're not in possession of firearms.

Please visit my website www.garyjdean.com and Subscribe for updates on Oklahoma Law.

Q: I am still on a car loan with an ex, and he won't work with me to resolve it. What can I do? It's on MY credit report.

1 Answer | Asked in Family Law, Banking and Small Claims for Oklahoma on
Answered on Dec 15, 2017
Gary Johnston Dean's answer
Sorry, but this happens when 2 parties are on a loan. You can however put a statement explaining it in your credit file with all 3 national credit bureaus. Visit their websites for information.

Please visit my website www.garyjdean.com and Subscribe for updates on Oklahoma Law.

Q: In a marriage if one partner creates debt on accounts that are in his name only is the other partner responsible also

1 Answer | Asked in Small Claims, Collections and Family Law for Oklahoma on
Answered on Nov 26, 2017
Gary Johnston Dean's answer
Generally, NO, unless the debts were incurred for "necessities of life" such as food, shelter, etc.

Please visit my website, www.garyjdean.com for information on Oklahoma law. Then, at the bottom of the homepage, "Subscribe" to get email updates on Oklahoma law

Q: How many days do I have to give notice before I dispose of personall property in my personal property?

1 Answer | Asked in Products Liability and Small Claims for Oklahoma on
Answered on Jul 7, 2017
Peter N. Munsing's answer
Depends on the situation and nature of the property and how and why it was left there.

Q: Can you send someone a bad check on purpose to put them in debt?

1 Answer | Asked in Small Claims, Banking and Criminal Law for Oklahoma on
Answered on Apr 24, 2017
Josh Davis' answer
Yea, that's what we call a scam.

Q: what steps/rights do I have to get my personal property back?

1 Answer | Asked in Employment Law and Small Claims for Oklahoma on
Answered on Mar 25, 2016
Mr. Michael O. Stevens' answer
If it is worth that much, find a local attorney to send her a demand letter. A good attorney may also find other things to go after (such as wage and hour violations, final paycheck issues, etc.), and many attorneys will do flat rate work for a simple demand letter.

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