Eva Bacevice | August 01, 2024
Edited by Hannah Locklear
Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.
Summary: You have 20 days to respond to a debt lawsuit in Oklahoma. To respond, you must file a written Answer in which you address each claim against you and assert your affirmative defenses. SoloSuit can help you with each step of responding to a lawsuit and more..
Getting sued is stressful. Getting sued for debt collection is even more stressful because chances are you don't have the money to pay off your debt, let alone legal fees. Not having enough money coming in is probably the reason you got behind in the first place. This probably means that there isn't extra money available to hire an attorney to help you out. So now you're faced with the stress of a lawsuit as well as uncertainty for how to proceed on your own behalf.
You may feel tempted to ignore the whole thing, but you need to fight that impulse. Ignoring a lawsuit will result in only one outcome: the person suing you wins.
The best thing that you can do to protect yourself is respond. If you've been sued for debt in Oklahoma, the first step to responding is to file a written Answer with the court. We'll walk you through everything you need to know about responding in Oklahoma, including state deadlines, the process of drafting an Answer, and available forms to help you out.
Sued for debt in Oklahoma? SoloSuit can help you file an Answer into your case before the 20-day deadline.
Start my Answer.In Oklahoma, the deadline to respond to a debt lawsuit is just 20 days. The lawsuit begins when a Summons and Petition are filed against you. These documents are served on you, either in person or through the mail. You should be able to see the filing date clearly on both documents, along with the accompanying certificate of service. That filing date is when the clock starts ticking, so you need to determine the deadline for your response counting 20 days from that date (including weekends).
For example, Jack was served a Summons and Petition for a credit card debt he owed. The filing date says March 1, 2022 on the Summons. Jack must respond by March 21, 2022 to meet the deadline.
If you fail to respond before the deadline, then the plaintiff (the party filing the lawsuit against you) will ask the Court for a default judgment. A default judgment means that the filing party will win based solely on the non-response from the defendant (you.) So if this happens, not only have you lost the case, but the plaintiff (either your creditor or more likely a debt collection agency who purchased the debt from your original creditor) can now use that default judgment order to get a garnishment against your paycheck or back account.
This usually results in money coming out of your paycheck before you even see it, which just makes your financial situation even more precarious. Additionally, you no longer have an opportunity to dispute anything in the lawsuit (like the amount of the debt) or a chance to set up a payment plan that you can reasonably afford. So the stakes are actually even higher than they might originally appear, which is why filing your response within that 20 day time period is the single best thing you can do to protect yourself.
While many states offer online forms that you can fill in directly from the court's website, Oklahoma does not. Don't let that stop you, however, from having the confidence to file your own response.
Drafting and filing a written Answer to a debt collection lawsuit isn't as complicated as you might think. SoloSuit will walk you through each step so you can have the strongest response possible.
You can draft a free Answer on SoloSuit's site in less than 15 minutes. All you have to do is answer a few questions online, and Solosuit will translate your responses into the necessary format and legalese for the court documents.
Additionally, to give you peace of mind, we'll have an attorney review the completed documents to make sure everything is correct. Then SoloSuit will file all the paperwork on your behalf. You don't even need to leave your house!
Luckily, there are no fees to file an Answer in Oklahoma! That being said, you should double check the court's fee schedule if you plan to file a counterclaim or motion into your case. There may be fees for these: Oklahoma Court Fees
If you decide to file your own response to a debt collection case in Oklahoma there are a few important things to keep in mind before you get started. First and foremost, make certain that you file your response before the end of the twenty day deadline. Second, you can respond by filing an Answer document or by filing a Motion. This article will focus on the Answer document only. Motions are by their very nature more complex, and best left to legal counsel. An Answer document, by contrast, is pretty straightforward and made up of the steps below:
Now, let's break down each of these steps a little further. Don't like reading? Check out this video instead:
The first step to drafting your Answer is to respond to the allegations in the Complaint. You should respond to each and every allegation separately. You'll probably notice that the allegations are listed out in numbered paragraphs. You should structure your answers the same way, and list your response to each numbered paragraph in a corresponding paragraph starting with the same number. It's simpler than it sounds - for the allegation in paragraph #1, you should write your response in your paragraph #1.
For every allegation you can use one of the below three answer choices. Think of this as answering “just the facts.” It's ok to admit to things that are true, such as factual information that is correct, like your name or account number. Answering these in the affirmative (by stating “admit”) will not hurt your case. You don't have to deny every allegation to win the lawsuit. You can if you like, but realistically you only need to win on one issue.
You should certainly put “deny” for any allegations that are not true. For instance, if the plaintiff said you refused to pay and that is not the case, you can simply list “deny.” You also have the opportunity to admit or deny “with explanation” if you think there are relevant facts to disclose to the Court. The final response is appropriate in cases where you don't have the ability to verify if something is true or false, for example details about the plaintiff company.
SoloSuit makes it simple to respond the right way.
This next section might even be a little fun. This is where you get to fight back, using affirmative defenses. Affirmative defenses are any reason that you can assert which shows that the plaintiff does not have a case. You can find a complete list of all of the available affirmative defenses available in the Oklahoma Statutes, Title 12 Civil Procedure §12-2008(C.) You are entitled to use any and all affirmative defenses that apply to your circumstances.
We will go over some of the more common affirmative defenses below. Please keep in mind that this is not a complete list. Please also note that, however true it may be, the inability to pay is not an affirmative defense.
With SoloSuit you can make the right affirmative defenses the right way.
After you've exhausted your affirmative defenses you can also assert any counterclaims that you might have against the plaintiff. Counterclaims would most likely arise if the plaintiff violated any Oklahoma debt collection laws. Oklahoma follows the federal Fair Debt Collection Practices Act. Oklahoma further enacted it's own version of an Oklahoma fair debt collection practices act in the Oklahoma Statutes as Section 7-101of Title 14A,
which is titled the Uniform Consumer Credit Code -Fair Debt Collection Practices. It's important to keep in mind, however, that counterclaims can get complicated very quickly. If you believe you have a reasonable counterclaim against the plaintiff it would be best to get legal assistance to pursue it.
Your final step is to file your Answer with the Court. Confirm that you are within the 20 day deadline and then make sure to do the following:
It's never a bad idea to make an extra copy of your Answer for your records which could be helpful at your hearing.
Here's a handy, dandy sample Answer from SoloSuit to guide you in drafting your response to the Petition. Remember, you can access this form on SoloSuit's website for free and fill it out in a matter of minutes: Sample Answer to Debt Collections Summons
>>Read the NPR story on SoloSuit. (We can help you in all 50 states.)
The statute of limitations on debt is 5 years in Oklahoma (Oklahoma Statute of Limitations) for written contracts, promissory notes (mortgages), and credit cards. This statute includes most typical debt collection areas like medical debt, credit cards and auto loans. Oral contracts and open contracts have a shorter statute of limitations of just 3 years.
In other words, if you haven't made a payment on your account for 5 or more years (3 for oral/open contracts), you cannot be sued for the debt in Oklahoma.
Debt Type | Deadline |
---|---|
Credit Card | 5 years |
Medical | 5 years |
Student Loan | 5 years |
Auto Loan | 5 years |
Mortgage | 5 years |
Personal Loan | 5 years |
Judgment | 5 years |
Okla. Stat. tit. 12 § 95 and § 735 |
Judgments can be levied against property and other assets or result in wage garnishment. However, to receive a judgment, a creditor must file a lawsuit in court. As the defendant in a lawsuit, you will receive a Summons. You should always respond with an Answer to prevent the creditor from getting a default judgment against you.
The statute of limitations for most consumer debt in Oklahoma is five years. Likewise, judgments typically expire in five years. After the judgment expires, it is no longer enforceable.
However, creditors can renew the judgment before the statute of limitations runs out and keep it in effect. Creditors can renew judgments indefinitely in Oklahoma by filing a request for a renewal of judgment.
Once a judgment is obtained, the creditor is given the legal authority to place a lien on your property, a levy on your bank accounts, or they can garnish your wages in an attempt to collect what you owe.
Wage garnishment is the most common method used to enforce a judgment. It will involve the creditor contacting your employer, who is required, by law, to deduct a portion of your wages each pay period and send that money to the creditor.
There are two forms of garnishment used to satisfy Oklahoma judgments.
A continuing garnishment, under OK Stat. Title 12-1173.4(I)(1) allows creditors to garnish up to 25% of your disposable earnings. There are times when you can fight for an exemption from wage garnishment, such as when it causes an undue hardship on your family or dependents. Oklahoma courts examine the following to determine if an undue hardship exists.
Wage garnishment of Social Security benefits, unemployment wages, and pensions is not allowed under federal law.
Non-continuing garnishments are typically a bank levy allowing the creditor to take non-exempt money from your account to satisfy the judgment. Your bank account may be frozen until the judgment is satisfied. Exemptions from this type of garnishment include:
Rebuilding your financial health and improving your credit score can feel overwhelming when your drowning in debt. Debt settlement can allow you to start the journey back to financial health.
You can settle a debt at any point during the collection process, so let’s explore how.
It can seem intimidating to contact creditors about debt settlement. Consider that many creditors are willing to consider settling the debt for less than you owe because they’d rather get a percentage of the debt repaid than nothing at all.
Debt collectors are even more likely to settle because they may have purchased the debt for pennies on the dollar, so even accepting a settlement will earn them a profit.
With this in mind, let's take a quick look at how to settle debt in Oklahoma in three steps:
Debt settlement negotiations don’t have to be complicated to be effective. Consider offering 40%-60% of the debt to begin, and allow room for a counteroffer from the creditor.
For more information on how to settle debt, check out the following video:
The Federal Trade Commission (FTC) has enacted the Telemarketing Sales Rule which has expanded debt settlement regulations.
Under the Telemarketing Sales Rule, any business providing debt relief servies cannot:
For more information, read this complete guide on Oklahoma debt relief.
Maybe you know that you owe the debt. If this is the case, you might be wondering if debt settlement is a good option for you.
If you’ve been sued for debt, you can reach out to your creditors or debt collectors at any stage of the lawsuit to discuss debt settlement. Debt settlement is the process by which a consumer, like you, settles an outstanding debt for an amount that is less than the full amount owed.
SoloSettle, powered by SoloSuit, makes the debt settlement process simple.
As a tech-based approach to debt settlement, SoloSettle’s software can help you send and receive settlement offers until an agreement is reached. Then, it helps manage your documentation of the settlement and transfers your payment to the creditor or debt collector, keeping your financial information private and secure.
It’s far too easy to get into debt while getting out of debt is time-consuming and stressful. Fortunately, you have access to debt relief options to help you get back on track and change the trajectory of your financial future. Here are some proven ways to get debt relief in Oklahoma
The FDCPA is a federal law designed to protect consumers from abusive debt collection practices. It expressly prohibits debt collectors from engaging in harassment or abuse in an attempt to force consumers to repay a debt. Under the FDCPA, debt collectors cannot:
If the debt collector violates any of your rights under the FDCPA, report them to the Federal Trade Commission online or by calling 877-382-4357.
Oklahoma has numerous programs to help those in crushing debt or facing other financial hardships. Some of the programs offered include:
These programs, and others like them, may not directly help with debt, but they can help you get back on your feet financially so that you can start focusing on getting out of debt and rebuilding your financial security.
Debt consolidation allows you to roll all your consumer debt into one monthly payment. You may qualify for lower interest rates and extend the loan term, making the one monthly payment more manageable. However, your credit score and the amount of debt you owe will play a substantial role in the terms of a debt consolidation loan.
If debt consolidation is right for you, ensure that you know the risks involved, such as paying off a credit card with your debt consolidation loan and then adding to the balance again. Essentially, you could find yourself in even worse shape if you’re not careful with your finances after a debt consolidation loan.
Advertising by bankruptcy attorneys can make bankruptcy seem like a simple solution to get out of debt. While bankruptcy does play an important role in providing a fresh start for consumers, that fresh start doesn’t start until the bankruptcy is off your credit report in seven to ten years. They often leave that out of the slick advertising.
Bankruptcy should only be considered when all other options have failed, as the damage it does to your credit is profound and long-lasting.
Following the progress of your court case will increase your chances of winning or resolving the case. Court records have invaluable information, such as the judge’s name, court dates, and any documents the creditor has filed.
Oklahoma makes it easy to access your court records by providing both in-person and online access.
Oklahoma’s civil court system is where all debt lawsuits are handled. These courts consist of:
Debt collection cases are all heard in the District Court serving your county, or the Small Claims court under the District Court.
If you decide to access your court records in person, you will need to know where the collection agency or creditor filed your case. Then, you can find the our location using the Oklahoma District Court website. Once at the court house, you will need to fill out a written records request with the clerk of court.
You can also opt to view your court records online using the Oklahoma State Courts Network. You can search by the case number if you have it. If not, you will use the party search feature. Information you may need to complete the search includes:
Visit SoloSuit’s blog for more information on court case searches in Oklahoma.
If you’re already struggling to meet your day-to-day obligations, the threat of wage garnishment can seem like a nightmare. Fortunately, Oklahoma laws offer limits on how much of your wages can be garnished and provide you a way to fight back against wage garnishment.
The Consumer Credit Code and Rules of Civil Procedure under Oklahoma Statutes §14A-5-104 through §14A-5-106 governs the rules and procedures that creditors must adhere to when attempting to garnish wages. These guidelines include:
Oklahoma allows those subjected to a wage garnishment to file a Claim for Exemption by notifying the court and the creditor. The steps to file a successful Claimfor Exemption include:
Oklahoma offers a law program that will walk you through the process and help you determine if you’re eligible for an exemption.
The best way to stop wage garnishment in Oklahoma is to prevent it from happening. Debt settlement before a lawsuit is the best way to avoid having your wages garnished.
Debt settlement works best when you can offer a lump sum payment so try to have some money saved, or when you sell something you own to raise money to settle the debt.
Constant phone calls interrupting your day, and evenings, text messaging and dreading checking the mail add stress and worry to an already difficult situation when dealing with debt collectors. Fortunately, there are state and federal laws that provide legal safeguards for support consumers dealing with debt collectors.
Debt collectors are required to provide written notification within five days of when they initially make contact with a consumer. The notice must include the name of the creditor, the amount of the debt, and information about how the consumer can dispute the debt. Consumers have a right to request that the debt be verified by sending a Debt Validation Letter.
There are numerous state Oklahoma debt collection laws , along with federal laws, to prevent debt collectors from engaging in harassment or abuse in an attempt to collect a debt. If you’ve experienced threats, profanity, obscenity, or repeated and excessive phone calls, file a complaint with the FTC, or the state’s attorney general office.
Small claims cases involve claims less than $10,000 in Oklahoma. Here's everything you need to know about responding in Oklahoma small claims court.
The process for responding in a small claims court is very similar to a regular civil court of law. You should still file your written Answer within the deadline and and attend the scheduled court hearing to avoid a default judgment. During the hearing, you'll have the opportunity to give your side of the story, and a judge will make a decision in the case.
Hiring an attorney can be time-consuming, stressful, and expensive. In fact, the cost to hire a lawyer might even be more than the debt you owe. SoloSuit makes it easy to represent yourself, saving you time and money.
With SoloSuit's premium package, an attorney will review your court documents and Answer before SoloSuit files it for you. That way, you can feel confident that you have the strongest case possible without going through the trouble of hunting down and hiring a lawyer.
You can also reach out to the various legal aid organizations that the state of Oklahoma has set up to help pro se litigants in navigating the legal system.
You can find legal aid organizations in every state that offer free services to residents who could not otherwise afford them. In Oklahoma you can look into the following:
In short, here's a quick review on how to answer a summons for debt collection in Oklahoma.
Follow these three steps:
Once you've drafted and filed an Answer into your case, you have given yourself the time you need to contact the opposing lawyer to negotiate a settlement. SoloSettle can help you send an offer and start the debt settlement process today.
Good Luck!
You can ask your questions on the SoloSuit forum and the community will help you out. Whether you need help now or are just looking for support, we're here for you.
Ask a Question.Here's a list of guides on how to respond to a debt collection lawsuit in each state:
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Below are some resources on how to use an arbitration clause to your advantage and win a debt lawsuit.
Do you keep getting calls from an unknown number, only to realize that it’s a debt collector on the other line? If you’ve been called by any of the following numbers, chances are you have collectors coming after you, and we’ll tell you how to stop them.
Knowing your rights makes it easier to stand up for your rights. Below, we’ve compiled all our articles on federal debt collection laws that protect you from unfair practices.
We’ve created a specialized guide on how to find debt relief in all 50 states, complete with steps to take to find relief, state-specific resources, and more.
Debt collection laws vary by state, so we have compiled a guide to each state’s debt collection laws to make it easier for you to stand up for your rights—no matter where you live.
Like all debt collection laws, the statute of limitations on debt varies by state. So, we wrote a guide on each state’s statutes. Check it out below.
Statute of Limitations on Debt Collection by State (Best Guide)
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Forgot to respond to your debt lawsuit? The judge may have ordered a default judgment against you, and with a default judgment, debt collectors can garnish your wages. Here are our guides on how to stop wage garnishment in all 50 states.
Debt settlement is one of the most effective ways to resolve a debt and save money. We’ve created a guide on how to settle your debt in all 50 states. Find out how to settle in your state with a simple click and explore other debt settlement resources below.
Not sure how to negotiate a debt settlement with a debt collector? We are creating guides to help you know how to start the settlement conversation and increase your chances of coming to an agreement with every debt collector.
We give a factual review of the following debt consolidation, debt settlement, and loan organizations and companies to help you make an informed decision before you take on a debt.
Debt has a big impact on your credit. Below is a list of guides on how to repair and improve your credit, even while managing major debt.
Struggling with student debt? SoloSuit’s got you covered. Below are resources on handling student loan debt.
You can represent yourself in court. Save yourself the time and cost of finding an attorney, and use the following resources to understand legal definitions better and how they may apply to your case.
"Finding yourself on the wrong side of the law unexpectedly is kinda scary. I started researching on YouTube and found SoloSuit's channel. The videos were so helpful, easy to understand and encouraging. When I reached out to SoloSuit they were on it. Very professional, impeccably prompt. Thanks for the service!" – Heather.
Get started.Our Debt Validation Letter is the best way to respond to a collection letter. Many debt collectors will simply give up after receiving it.
Let's Do It.