Oklahoma Complaint for Damages and Declaratory Judgment

State:
Multi-State
Control #:
US-01605
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample civil complaint for a lawsuit for damages. It will need to be adapted to fit your facts and circumstances, and to comply with your state's procedural law.The form is a useful model from which to base your Complaint.
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FAQ

In most instances, Oklahoma plaintiffs have a two-year limit from the date of the incident in which to file a lawsuit. Exceptions include defamation (libel or slander) at one year, five years for rent and debt collection or written contracts, and three years for judgments and oral contracts.

In Oklahoma it is crucial to keep in mind the (5) year statute of limitation on your judgment. After that period, if the judgment is not renewed, it cannot legally be recognized in a court of law and can no longer be renewed if renewal period has passed.

A declaratory judgment is typically requested when a party is threatened with a lawsuit but the lawsuit has not yet been filed; or when a party or parties believe that their rights under law and/or contract might conflict; or as part of a counterclaim to prevent further lawsuits from the same plaintiff (for example, ...

"The essential requirements of a declaratory judgment action are: (1) a plaintiff with a legal tangible interest; (2) a defendant having an opposing interest; and (3) an actual controversy between the parties concerning such interests. [Citations.]

In Oklahoma it is crucial to keep in mind the (5) year statute of limitation on your judgment. After that period, if the judgment is not renewed, it cannot legally be recognized in a court of law and can no longer be renewed if renewal period has passed.

A judgment stays on your credit report for seven years, although in some cases ? such as bankruptcy ? the judgment can stay for as long as 10 years, and it does not matter what type of loan the judgment relates to: a car loan, a student loan, unpaid credit card debt, a personal loan, a cosigned loan, etc.

In other words, the Oklahoma statute of limitations on credit card debt is five years. So, if you owe a credit card debt, your creditor or debt collectors only have five years to sue you for it, based on the date of the last activity on the account.

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Oklahoma Complaint for Damages and Declaratory Judgment