Oklahoma Small Claims Questions & Answers

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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