Civil Law
Civil law covers disputes between individuals or organizations, including issues like contracts, property, and family matters. Understanding your rights and options under civil law is crucial when facing conflicts that could impact your finances, relationships, or future. Whether you are dealing with a contract disagreement or family law concerns, consulting a knowledgeable Tulsa civil law attorney can help clarify your situation and guide you through the legal process.
When legal challenges arise, having a skilled advocate makes a difference. The Tulsa attorney team at Wirth Law Office understands the complexities of civil law and is prepared to assist clients in navigating disputes efficiently and effectively. If you need legal help, call Wirth Law Office at (918) 879-1681 to discuss your case and explore your options.
Civil Liability Isn’t Criminal Guilt
The possibility of being held liable in a civil lawsuit while simultaneously being found not guilty in a related criminal case is a notable aspect of the legal system. The fundamental difference lies in the burden of proof required: criminal cases demand guilt be proven beyond a reasonable doubt, with unanimous jury agreement. Civil cases, however, only require a preponderance of the evidence, meaning a jury can find liability if there's just a 51% chance of fault. This difference means someone can escape criminal conviction yet still face financial consequences in civil court. Understanding this overlap is crucial, especially in serious incidents.
Read more »
Small Claims Court Made Simple
Small claims court is designed for resolving financial disputes under $10,000, including cases like property damage and minor contract issues. When the amount involved exceeds this limit, the matter is escalated to district court. Small claims are usually resolved quickly, often within one or two hearings, making them an efficient alternative to prolonged civil lawsuits. While many individuals choose to represent themselves, hiring a lawyer can be crucial, particularly for complex contract disputes. The decision to hire legal help should weigh the cost against the potential benefit, as attorney fees can range from $300 to $400 an hour.
Read more »
Defamation: Protect Your Reputation
Defamation is a legal issue encompassing slander (spoken statements) and libel (written statements), centered on false claims made to damage someone's reputation. The crux of defamation lies in the falsehood of the statement—truthful statements cannot be deemed defamatory. For instance, if Jimmy Johnson's history of domestic violence is documented, calling him Wife-Beater Johnson isn't defamation, as it's true and verifiable. Conversely, baseless rumors, like calling a child a bedwetter without truth, could constitute defamation. Beyond hurt feelings, proving defamation requires demonstrating actual damages, such as lost clients or threats, which signify the tangible impact of false statements.
Read more »
What is a Special Entry of Appearance and Request for Enlargement of Time?
Learn more about special appearance and request for enlargement of time in Oklahoma courts from Attorney James Wirth. When served with a petition, the general rule is 20 days to file a responsive pleading. However, certain cases may allow for more time. If you need additional time, you can file a special entry of appearance and request for enlargement of time, granting you an additional 20 days. Be aware of potential defenses that may be waived by requesting an extension. Consult with an attorney to ensure you fully understand the implications. Download a free template pleading from makelaweasy.com for guidance on this process.
Read more »
What is a Special Entry of Appearance in Oklahoma Courts?
In Oklahoma courts, making a first appearance in a case involves filing an entry of appearance. This formal document notifies the court that you are either representing a party as an attorney or appearing pro se. However, a general entry of appearance may waive certain rights, such as jurisdiction and venue. To avoid this, a special entry of appearance can be filed for a limited purpose, ensuring that specific defenses are not waived. If you are unsure about whether to file a special entry of appearance, it is important to seek legal advice from an experienced attorney. Contact us at MakeLawEasy.com for personalized assistance with your case.
Read more »
How Do You Get Service if You Don’t Know Where the Defendant Is?
In the legal world, getting service on a defendant can be a challenge if you don't know their whereabouts. Tulsa Attorney James Wirth explains the process. Typically, you can serve someone through certified mail or by a process server, but what if you have no address or information? This is where service by publication comes in, but it's not automatic. You must demonstrate to the court that you've exhausted all other means of service. This may involve hiring a private investigator or conducting a skip trace. Once approved, you publish notice in a legal newspaper. If there is no response, you can obtain a default judgment. Remember, every case should have a means of service, even if it requires extra effort. If you're struggling with service, consult an attorney for advice tailored to your situation.
Read more »
Can the HOA Place a Lien on Your Property in Oklahoma?
Learn whether a homeowner's association can place a lien on your property in Oklahoma. Contact Wirth Law Office for more information.
Read more »
Is Your HOA Out of Control? Check Your Covenants and Restrictions in Oklahoma
Discover if your HOA is out of control. Learn about Oklahoma's Real Estate Development Act, covenants, and restrictions.
Read more »
Lost Your Job?: You May Be Entitled to Unemployment in Oklahoma
Lost your job? You may be entitled to unemployment compensation in Oklahoma. Make your request quickly as it's not retroactive.
Read more »
Fired vs. Laid Off: What Does My Oklahoma Employer Owe Me?
Oklahoma employer owes you if you've been fired or laid off? Learn about paychecks, paid time off, and more from Lindsay McDowell.
Read more »
What Is the Proposal to Amend the Oklahoma Constitution?
Over 3,000 bills have been suggested in the Oklahoma legislature, and many will not pass, but there is one particularly interesting proposal.
Read more »
What Is Legislation in Oklahoma?
Some of these bills will have significant impacts on clients and the community. The session is expected to end in May.
Read more »
Using Cease and Desist Letters to Stop Unfair Debt Collection in Oklahoma
If the harassing calls and letters persist, a cease and desist letter can be sent by an attorney to formally advise the creditor to stop.
Read more »
Using Cease and Desist Letters to Stop Defamation in Oklahoma
Cease and desist letters can be used in Oklahoma to stop defamation, such as slander or libel, without having to file a lawsuit.
Read more »
Using Cease and Desist Letters to Stop Revenge Porn in Oklahoma
An attorney can draft and send a cease and desist letter, which explains the law violation and demands the removal of the content.
Read more »
Using Cease and Desist Letters in Oklahoma to Stop Harassment
The letter should explain how the behavior violates the law and the consequences if they continue.
Read more »
Using Cease and Desist Letters to Quiet a Neighbor’s Barking Dog in Oklahoma
This letter can be effective in resolving disputes without going to court, such as noisy neighbors violating city ordinances.
Read more »
Using Cease & Desist Letters to Quiet Noisy Neighbors in Oklahoma
If the recipient fails to cease and desist, the letter can be used to strengthen a criminal referral or a civil lawsuit.
Read more »
Using Cease and Desist Letters to Confront Light Trespassers in Oklahoma
It can inform the trespasser that their actions are illegal and to stop immediately, or face potential consequences.
Read more »
Using Cease and Desist Letters to Enforce Landlord Obligations in Oklahoma
If you are dealing with a landlord-tenant dispute, you may consider a cease and desist letter, but it's best to consult with an attorney.
Read more »
Do Cease & Desist Letters Have Any Authority in Oklahoma?
They do not have the authority defined under the law, but they can be useful in resolving legal situations and avoiding litigation.
Read more »
What Are the Types of Cease and Desist Letters in Oklahoma?
There is no set list of types of cease and desist letters but some common examples are IP infringement, debt collection, libel/slander, etc.
Read more »
What Is a Cease and Desist Letter in Oklahoma?
A cease and desist letter is a letter sent by a lawyer or law firm to inform someone that their actions are illegal and must stop immediately.
Read more »
What Does “Cause of Action” Mean in Oklahoma Civil Litigation?
A cause of action is the legal basis for filing a civil lawsuit. It is the type being filed, either based on common law or Oklahoma statute.
Read more »
What Is a Tort in an Oklahoma Civil Litigation?
Torts are a specific type of civil cause of action and include negligence, trespassing, conversion, product liability, assault, battery, etc.
Read more »
