If you are being harassed by a debt collector, please fill out the form below for an attorney consultation.

Are debt collectors:

  • Calling you or others continually?
  • Harassing, threatening, or lying?
  • Being otherwise unfair or abusive?

You could be entitled to money for the damages you've suffered if your debt collector is violating fair debt collection laws. YOU HAVE RIGHTS, don't be intimidated!


Do you think your fair debt rights are being violated by an abusive debt collector?

State and federal fair debt laws prevent debt collectors from using harassing, misleading, dishonest or unfair debt collection practices. These laws provide that victims of debt collector abuse can recover cash compensation from the collectors, and require the collectors to pay all your legal fees.

Would you like to learn more about how to sue a creditor or debt collector that has violated your fair debt rights at no cost to you?


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Oklahoma Fair Debt Consumer Guide

Learn about your legal rights when facing Debt Collector Problems. Research the applicable laws that could help protect you when a debt collector is attempting to seize your assets, garnish your wages or continue collection of a debt that is outside Oklahoma's Statutes Of Limitations. Oklahoma phone recording laws could assist you in gathering proof of the debt collector's illegal tactics; find out whether recording your debt collector's phone conversation is permitted in your state.

The Oklahoma Fair Debt Collection Consumer Practices Guide summarizes Oklahoma's laws on wage garnishment, property and asset seizures and state statutes of limitations on debt collection and could provide the ammunition you need to stop or limit creditors and collectors from harassing you, garnishing your wages or bank accounts, and from seizing your property through liens, thus limiting your overall financial exposure.

This Guide does not include information concerning the FTC's Credit Practices Rule, state consumer protection laws or information regarding exemption provisions found in laws other than the state's general exemption laws and is not intended to substitute for the advice of an attorney.

Oklahoma Consumer Debt Exemption Laws

If a debt collector threatens to seize your property or your assets, you could be protected under Oklahoma’s Consumer Debt Exemption Laws. Read the summarized information below to learn how to protect what you own and what you cannot protect from seizure. You could significantly strengthen your bargaining position with debt collectors by knowing your rights under Oklahoma Debt Exemption Law!

Oklahoma Statutes

The State of Oklahoma has opted out of federal bankruptcy exemptions - Oklahoma Statutes Annotated title 31, § I(C).

Wages: Oklahoma Statutes Annotated title 12, §§ 1171.1 and 1171.2; title 31, § 1.1.

Homestead: Oklahoma Constitution article XII, § 1; Oklahoma Statutes Annotated title 3~ §§ 1, 2, and 5.

Tangible personal property: Oklahoma Statutes Annotated title 31, § 1.

Benefits, retirement plans, insurance, judgments, and other intangibles: Oklahoma Statutes Annotated title 31, § 1.

Oklahoma Debt Statutes of Limitation

Your debt may have expired under Oklahoma’s Statutes of Limitations, and may be considered uncollectible. Read the summary below to see the length of time certain types of debt can continue to be collected under the Oklahoma Debt Statutes of Limitations, don’t let a collector threaten to take you to court over an expired debt.

Oklahoma Debt Statutes of Limitation

Written Contract: 5 Years, (O.S. § 95(1)).

Oral Contract: 3 Years, (O.S. § 95(2))

Attachments: 5 Years, (O.S. § 95(5))

Domestic Judgment: 5 Years, (O.S. § 95(5))

Foreign Judgment: 3 Years, (O.S. § 95(2)

Oklahoma Wage Garnishment Procedural Requirements

Wage garnishment doesn’t mean a debt collector or creditor is entitled to take all your money. Under Oklahoma’s Wage Garnishment Laws, there are limits and protections on just how much can be taken from your paycheck.

Read the summary below to learn your garnishment rights under Oklahoma law.

Oklahoma Wage Garnishment Procedural Requirements

Garnishment proceedings shall be commenced by the filing of an affidavit. The affidavit may be filed by the plaintiff at or before the time of filing of a garnishment summons. Okla. Statute. Ann. tit. 12, _ 1172. When a garnishment summons is issued in any action subsequent to judgment, the court clerk shall attach to the garnishment summons a notice of garnishment and exemptions and an application for the defendant to request a hearing. When a garnishment summons is issued in any action subsequent to judgment, the garnishee is a financial institution, and the garnishment summons is not for wages of an employee of the financial institution, the notice of garnishment and exemptions and an application for the defendant to request a hearing shall also be prepared by the judgment creditor and issued from the office of the court clerk to the defendant in the manner provided for in paragraphs 1, 2 or 5 of _ 1174.

The sending of the notice of garnishment and exemptions and the application for the defendant to request a hearing to the last known address of the defendant by registered or certified mail with return receipt requested shall constitute compliance with this requirement, and no further act or service of notice shall be necessary. Okla. Statute. Ann. tit. 12, _ 1172.2.

The garnishee summons issued by the court clerk shall be served upon each of the garnishees in the manner provided for the service of summons (i.e., personally or certified mail, return receipt requested and delivery restricted to addressee). Okla. Statute. Ann. tit. 12, _ 1173.3. The garnishee may be examined by the plaintiff either by deposition or by written interrogatories. His deposition may be taken at any time after the service of the garnishee summons. Within ten days after the filing of the answer affidavit by the garnishee, plaintiff may file interrogatories for the garnishee concerning any matter contained in said answer or germane to any liability on his part to the principal defendant. Okla. Statute. Ann. tit. 12, _ 1183.

A garnishee may deduct ten dollars from the funds of the defendant in his possession as reimbursement for costs incurred in answering. If no funds are available and the garnishee's answer evidencing that is filed and mailed or delivered to the plaintiff or to the plaintiff's attorney of record, the plaintiff shall pay the garnishee ten dollars as reimbursement for such costs. Okla. Statute. Ann. tit. 12, _ 1190.

Interest Rate at which Judgments Accrue All judgments of a court of record shall bear interest at an annual rate equal to the average United Statutees Treasury Bill rate of the preceding calendar year plus four percent from the date of rendition. However, judgments against the Statutee and its political subdivisions shall not bear interest at a rate exceeding ten percent. When a rate of interest is specified in a contract, the rate therein shall apply, if lawful, to the judgment debt and be specified in the journal entry of judgment. When a verdict for damages by reason of personal injuries or injury to personal rights due to an act or omission of another is accepted by the trial court, the court in rendering judgment shall add interest on said verdict at the applicable rate from the date the suit was commenced to date of verdict.

When a judgment is rendered establishing the existence of a lien against property and no rate of interest exist, the court show allow interest at the rate described above from the date the lien is filed to the date of verdict. Okla. Statute. Ann. tit. 12, _ 727. When ordered by the court, court ordered child support payments and court ordered payments of suit moneys shall draw interest at the rate of ten percent per year from the date they become delinquent, and the interest shall be collected in the same manner as the payments upon which the interest accrues. 43 Okla. Statute. Ann. tit. 43, _ 114. Applicable Forms All correspondence must be on forms prescribed the Administrative Director of Courts.

Oklahoma (Debt Collector) Call Recording Law

Under Oklahoma State and Federal Call Recording Laws, you could record the actual phone conversation with a debt collector in your efforts to stop debt collectors from calling! Oklahoma is a one party consent state, meaning only the permission of one person on the call is necessary to record. YOU ALONE can be considered the one party to give consent, thus you do not need a debt collectors permission to record the phone conversation in the state of Oklahoma.

Research and find additional information about Federal Call Recording Laws and learn what call recording procedures are legal in other states.

 

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