Oklahoma Civil Litigation Legal Questions

Any local litigator should be able to handle this for your father and I think he'd be wise to consult one because, in addition to the collection issues you've noted, I think you may have a usury problem with your case.  You claim that this was an investment, but, while there are many ways to structure a deal, this sounds more like a loan.  If you invest money in a venture, you share in any increase in the venture's value, but you also share in the risk of the venture's failure.  If you have a guaranteed return on monies you advanced, that's a loan; your return is guaranteed, but you don't get extra if the venture succeeds.  To the extent that the court also views this transaction as a loan, you have a usury (loan sharking) problem.  It is illegal to charge excessive interest on a loan.  I don't know what the maximum is in Oklahoma, but in New York it is 16% per year for loans to individuals, 24% for loans to corporations.  Depending on when your father was supposed to be repaid (i.e. in 1 year, 2 years, etc.) the return he was supposed to get could be considered usurious, an illegal contract, and he may not be able to recover it.... Read More

Did you ever file taxes jointly, or hold yourselves out as being married?  If so you could file for divorce with an Application for a Temporary Order to ease with your transition.  If there was no common law marriage you could refuse to leave but then he would most likely file for a "Forcible Entry and Detainer" which would direct the sheriff to remove you, at the hearing you could probably get some time, but ultimately you would have to get out.  Some people file for Victim Protective Orders, which can include an "eviction" of sorts, but in the absence of evidence of threats of imminent harm it would be an improper act to seek a VPO for the purpose of removing the other person. Just as in divorce cases, the best advice is often "don't fight over saving the 'relationship' because that is not something a court can help you with" if you negotiate for reimbursement of things you invested and move-on, in the end he will realize he made a huge mistake. Call a lawyer in your area to discuss any other details that may make a difference, co-mingling of finances is a bigger deal than just where you have been living.  Ask him for financial support to make moving possible, first and last month for an appartment, etc.... Read More

You would sue the university to compel it to honor your contract by providing you with a diploma.  The university will claim that you breached the contract by not paying, you will argue that you fully performed, and that the university screwed up.  From whaq you've written, however, the breach occurred four years ago, and you may be beyond the statute of limitations, depending on which jurisdiction's laws apply.... Read More

Assuming that you are sued for something for which your husband had no part, it's not really a matter of protecting your husband's money, it's a matter of making sure that your husband's money is recognized as his and not yours.  If you've already committed, or are already contemplating,  the act for which you are facing liability, this may be difficult, because any transfer of assets from your name or joint names to his name alone may be viewed as a fraudulent conveyance designed to defraul creditors.  Nevertheless, to protect his assets, you should maintain separate bank accounts, and avoid being joint owners of assets.  But first consider how certain you are of your relationship with your husband, because you will be handling over control of assets to him, which could come back to bite you if, for example, you get divorced.  If you start taking the position that certain assets are his alone, you may not be able to change your position at a later time when you may want to claim an interest in those assets.... Read More

A signed affidavit is an out of court statement which you would be using to prove the truth of the matter asserted therein, or in other words hearsay, and as a general rule inadmissible as evidence at trial, since the other side doesn't have the opportunity to cross examine the affiant.  In some states, and I don't know if Oklahoma is one, a recording of a conversation made without the consent of all parties to it is illegal, and would not be admissible at trial.  Assuming that you have no documents in which your competitors made these false statements (and remember you will have the opportunityt o obtain relevant documents during the discoveyr phase of your lawsuit), you will need to have the people to whom these false statements were made testify to that effect.  That is a long way off.  First start the lawsuit.   BTW,, libel is written defamation, slander is oral defamation.... Read More

You would need a ton of additional information before you could even start to answer that question what were the circumstances of the ship and fall?  Does it fall within Ok workers comp. law?  Is there insurance involved?  What kinds of verdicts do the local juries award in such circumstances?  Etc. etc. You should hire a local personal injury attorney. ... Read More

Are you still within the time period to respond?  My suggestion would be to contact the person who issued you the subpoena and ask how they'd like you to handle it.  If you have questions about your legal obligation to respond to the subpoena, you should take the subpoena to an attorney, discuss the particulars and get some advice for your situation.... Read More

The statute of limitations begins to run upon the determination in your favor of the claim on which you base your malicious prosecution action.  So if the claim was asserted in December, 2015, and was dismissed in August, 2016, you have until August, 2017 to file your malicious prosecution action.... Read More

Assuming that Oklahoma law is the same as in the states where I practice (I would be surprised if it were not, in this area of the law), you cannot assert a claim for slander or libel based on what is said or written in a lawsuit (as long as the statement meets the minimal standard of some pertinence to the action).  What was said to prospective employers outside of court is another matter.  If you can prove that your former employer made false statements of fact (not just opinion, like I would not hire this person, or this person is a jerk) to a third party, you may have a claim for slander (if the statements were oral) or libel (if the statemwnt was in writing, like in an email or letter).  The statements about which you're complaining would seem to constitute defamation per se, meaning they are of a type which are considered defamatory even if the defamed person can't show damages.  If, under Oklahoma law (assuming the statements were made in Oklahoma) they are not considered defamation per se, you you would need to prove that the statements caused you monetary damage, and may have some difficulty doing so, unless you can prove that you would have gotten a job absent the defamation.... Read More

If the doctor was negligent in misdiagnosing your illness, he cna be liable for any damages you suffered due to the misdiagnosis.  As this occurred 3.5 years ago, however, you might have a limitations problem; I don't know what the statute of limitations for medical malpractice is in Oklahoma.... Read More

That depends on what is invovled in the agreement.  Most oral agreement are enforceable - the problem is proof of the agreement, not enforceability - but some agreements (like agreements for the sale of real property or goods for more than $500, or which can't possibly be performed within a year) may have to be in writing to be enforceable.... Read More

I assume, since you were taking the money on behalf of the business, you signed the receipt on its behalf, and not on your own.  For example, the receipt should have read something like "John Doe, sales clerk, ABC Company" or "ABC Co. by John Doe."  If all you did was sign that you received the money, you are indicating that you, personally, and not your boss or your boss' business, were being paid for your services. However, if the receipt does not indicate that you, personally, took money and promised to deliver the order, you should not have any liability for these claims.  You are not an owner of the business (I assume the business  was not a separate legal entity like a corporation, or else only the business entity, not either of the two of you, would be liable), and it doesn't seem like you committed any torts, like fraud, for which you could be individually liable.  However, you can't count on someone else to explain your role in this matter.  What if the customer claims that you lied to hiim/her by promising that he/she would get the order while knowing that he/she never would?  That would be a fraud, for which you could be personally liable.  You need to go to Court yourself to tell your side of the story.... Read More

Yes, there is a statute of limitations on this claim, but it varies from state to state.  I would be surprised if the Utah limitations period was as much as 13 years, but the time runs from when the account was overdrawn.  Since you forgot to close the account, how can you be sure your ex-husband didn't overdraw the account last month?  Also, are you sure they are trying to collect on the overdraft itself, or on a judgment they obtained based on the overdraft?  The statute of limitations for collecting on judgments is generally much longer, and probably has not expired in 13 years.... Read More

By now, a judgment by default has probably been entered against you; you should check with the Court if that is the case.  You may be able to vacate your default, but (assuming you were properly served with the petition in the first place) you will probably have to offer a good reason for not having appeared within the required time.... Read More

You could seek recovery of your personal property in Small Claims Court. Did your ex put that promise to repay in writing (email)? Was there a pre-trip agreement to share/split the costs of the vacation? If not, a suit to enforce her promise to repay would be a weak claim. There is the possibility that your local small claims court has a mediation program to try to settle this matter prior to a court hearing. ... Read More