Oklahoma Breach Of Contract Legal Questions

Of course, anyone can sue anyone for anything, and if you're believed it sounds as if you would win.  Nobody has to be hurt physically for you to have a case, you were hurt monetarily, and you may be able to recover the money you lost.  Whether that's enough for you to go through the hassle of a lawsuit is up to you.  It would help if you had evidence beyond your word, for example pictures of the filthy microwave.... Read More

None, as it is impractical to pay an attorney for such a small monetary matter; it will almost certianly cost you more than the $1,000  you are seeking to hire a lawyer.  You are probably best off (a) filing complaints with whateer consumer protection agencies operate in your locality (better business bureau, government consumer affairs agencies, etc.); (b) making your complaints known on reviewing websites, such as yelp; and/or (c) suing the funeral company in small claims court, representing yourself.  Be aware, however, that, regardless of what the sales manager told you outside of the contract you signed, if the contract says that you owe the money it is very unlikely that you will be ble to get out of it. ... Read More

You can probably sue in either.  You should sue in the jurisdiction most favorable to you, assuming that your ex is subject to jurisdiction there.  Since you live in Oklahoma, that would be the jurisdiction to choose (why would you want to have to travel to SC for this case?) and since the dispute arises out of a contract which was executed and at least partly performed in Oklahoma, Oklahoma can probably exercise jurisdiction over your ex in connection with this claim, even if he no longer has any further contacts with Oklahoma.... Read More

The laws may be different in Oklahoma, but in New York a subcontractor cannot legally assert a mechanic's lien against real property unless the owner was responsible to pay the subcontractor.  If the sub dealt solely with the GC, the sub must seek payment solely from the GC, not the owner.  However, if you still owe money to the GC, the framer may (after obtaining a judgment against the GC) garnish that money so that you would be ocmpelled to pay it to the framer, rather than the GC, to satisfy that judgment.... Read More

In the arena you are discussing nomenclature, or the exact name or label, you use makes all the difference.  You should look carefully at you lease.  It may we speak to who is to "occupy" the premises, rather than who "lives" there.  Generally the words "residence" or "domicile" involve a combination of physical presence and subjective mental intent.  These words refer to where one permanently abides.  Your girlfriend may have a strong claim her parents' home is her residence or domicile because she intends for it to be her permanent home, and if she is away, she intends to return.  One can be physically away from their residence without it ever losing its character as its residence, such  as when a soldier goes away to war, or a business person is posted in another city, state, or even overseas to work for their employer.  If they intend to return, their residence stays their residence. Who is occupying an apartment is a function of who is physically present.  Intent is not involved.  Your girlfriend could be occupying your apartment without ever losing her parents' home as her residence. The word "living" if that term is really what is being used is vague but probably does not involve intent.  I think for example a soldier could say, "My residence is Oklahoma, but aI am living in Afghanistan while I am stationed there." Check  exactly what your lease says about the number of people present in the apartment.  In this issue words do matter.... Read More

You don't need a lawyer, but then again, you don't need a doctor to give yourself an appendectomy.  It is just a very good idea.  You can also sue in small claims anyway if you are willing to waive the amount in excess of the small claims jurisdictional limit.  If you are not willing to do that, you really should have a lawyer because the rules of procedure and the rules of evidence are both very complex.... Read More

You have 10 days after the judgment is filed.  During that time the creditor is not allowed to collect the judgement to give you time to post a bond for 125% of the Judgment and file an appeal.  If you do both, the creditor cannot collect until the appeal is decided.  If you do not do both, after ten days, the creditor can garnish wages or bank accounts, levy (have the sheriff seize and sell) on non-exempt property, or compel you to come back to court to give testimony about your assets and finances.... Read More

I understand that you have contended Jiffy Lube damaged your motor, and they have agreed to replace it.  It is interesting that you posted your inquiry under breach of contract rather than negligence.  The measure of damages for breach of contract is different than the measure of damages for negligence. ... Read More

The "SOL" you referred to is the Statute of Limitations to file the lawsuit.  The case number CS-2004-903 indicates they filed the lawsuit in 2004.  The docket sheet in your case (which you can see at www.oscn.net) shows they got their judgment in 2004.  Judgments in Oklahoma become dormant after 5 years if no action is taken to collect them.  This is different from the SOL because it can be renewed or extended by taking action to collect, unlike a SOL which can not be extended.  In your case they issued a garnishment in 2008 which gives them a new 5 year period from that time.  What they are doing now is making you come to court to tell them about your assets, a "Hearing on Assets," which is a collection procedure, not a new lawsuit.... Read More