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Oklahoma Small Claims Questions & Answers

1 Answer | Asked in Civil Litigation and Small Claims for Oklahoma on

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?

Kyle Persaud answered on Apr 17, 2019

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....
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1 Answer | Asked in Family Law, Collections, Health Care Law and Small Claims for Oklahoma on

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

she promised me and my dad that she would help contribute to my medical bills but hasn't given a cent. once i met the deductible this year, she went and got a sleep study. last year when i met the out of pocket she went and had nose surgery. i live with my dad but i am on her health insurance plan.... Read more »

Kyle Persaud answered on Apr 9, 2019

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...
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1 Answer | Asked in Family Law, Civil Rights, Juvenile Law and Small Claims for Oklahoma on

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

i recently went on a trip without my parents and when i got back i discovered they had gone through my room and taken a few things. of the things they took only one of them was something they had paid for.

Doak Willis answered on Mar 31, 2019

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.

2 Answers | Asked in Small Claims for Oklahoma on

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

It was windy the other day and shingles from houses around me were blowing everywhere. Neighbor claimed that a shingle from my roof blew off and scratched their car and is threatening to take me to court. Am I reliable?

Kyle Persaud answered on Mar 27, 2019

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...
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1 Answer | Asked in Small Claims for Oklahoma on

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

He has his new girlfriend's parents sell it in a garage sale what can I do ?

Kyle Persaud answered on Mar 25, 2019

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+... Read more »

1 Answer | Asked in Car Accidents, Personal Injury, Criminal Law and Small Claims for Oklahoma on

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

Two vehicles are in a parking lot. The elderly Driver of Vehicle A opens their door, loses their grip due to the wind, and the door swings into Vehicle B, leaving a deep dent (6" x 3" x 1/2"). The driver of vehicle B gets out and examine the damage. When B insists A is liable for damages, A... Read more »

Kyle Persaud answered on Mar 13, 2019

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....
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1 Answer | Asked in Real Estate Law and Small Claims for Oklahoma on

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?

A married couple abandoned the house they rented from me, leaving thousands of dollars in damage. I've filed against them in small claims court in Oklahoma. The process server was able to serve the wife, but not the husband. They both have jobs, and I would like the judgment to apply to both of... Read more »

Doak Willis answered on Dec 29, 2018

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.

1 Answer | Asked in Civil Litigation, Contracts and Small Claims for Oklahoma on

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

Bought a "as is" car and signed everywhere that vehicle is "as is", yet taking us to court because the $1,050 vehicle has issues.

Richard Winblad answered on Sep 20, 2018

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...
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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 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...
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1 Answer | Asked in Intellectual Property and Small Claims for Oklahoma on

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

I own this residential private property.

Failed attempts at contacting them. Have not heard from them in over 2 weeks.

Andrew Zulieve Esq answered on Jun 8, 2018

File a report with the local police and let them investigate the matter for possible criminal charges.

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 answered on Apr 23, 2018

They could go after you in civil court.

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1 Answer | Asked in Small Claims, Divorce, Civil Rights and Communications Law for Oklahoma on

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

Against me for our upcoming court date, I am trying to get a protection order against my husband. And she used a key stroke memorization program to read everything i have ever sent off my phone withought my consent.

Richard Winblad answered on Apr 2, 2018

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...
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1 Answer | Asked in Divorce, Family Law and Small Claims for Oklahoma on

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

We agreed for my son to take payments over on my car so that my fiance could buy a new truck and camper for work and I would take his old truck. Now that we split up he took the truck back and also kept everything else the house 2 boats camper 2 trucks what legal grounds do I have. He said he felt... Read more »

Gary Johnston Dean answered on Mar 30, 2018

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...
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1 Answer | Asked in Domestic Violence and Small Claims for Oklahoma on

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

Gary Johnston Dean answered on Dec 29, 2017

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.

1 Answer | Asked in Family Law, Banking and Small Claims for Oklahoma on

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.

We were an engaged couple who lived together for 2.5 years and have not been a couple since October 28, 2014. He is now married to someone new and living in California. I signed the title over to him in August 2017 so that he could trade it in, but he has yet to do so. The loan is in both of our... Read more »

Gary Johnston Dean answered on Dec 15, 2017

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.

1 Answer | Asked in Small Claims, Collections and Family Law for Oklahoma on

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

Gary Johnston Dean answered on Nov 26, 2017

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

1 Answer | Asked in Products Liability and Small Claims for Oklahoma on

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

Peter N. Munsing answered on Jul 7, 2017

Depends on the situation and nature of the property and how and why it was left there.

1 Answer | Asked in Small Claims, Banking and Criminal Law for Oklahoma on

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

The check clears the bank but the person who sent it tells you that you need to send money from that check to another individual to complete the process.

Josh Davis answered on Apr 24, 2017

Yea, that's what we call a scam.

1 Answer | Asked in Employment Law and Small Claims for Oklahoma on

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

I was fired from job and trying to get personal property back...even though she made arrangement for me to come that day at 5:00 and she didn't show up. she refuses to give me my personal items back. I have called, text, reg letter. 3 months later, she sends me a text and tells me she has put my... Read more »

Mr. Michael O. Stevens answered on Mar 25, 2016

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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