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Anyone from this board from Oklahoma that has won?


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I have pre-trial scheduled next month in Oklahoma. I was wondering if we have anyone from this board from Oklahoma that has actually went to court and won against a JDB? I'm having a hard time finding case law for this type of suit in Oklahoma. Do I have to cite specifically from Oklahoma cases, or can I use other states' case law?

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This post is assuming you are dealing with a JDB or CA. 

 

First off I am not posting the information below because you might have an FDCPA claim. I am posting it because these are normally the best consumer attorneys to talk with. I am also not suggesting you hire an attorney, but I do suggest you speak with one or two. Most offer a free consultation and you can learn a little something from any that you talk with. Many attorneys will tell you to just give in, but most of the experienced FDCPA attorneys are willing to fight.

 

Go here and click on your area. Then look at each case dealing with a JDB/CA. Find the names of the attorney representing the plaintiffs. 

http://dockets.justia.com/browse/state-oklahoma/noscat-13/nos-480/

 

 

I was luck enough to find an attorney that assisted me for free my first time. I (the JDB) paid him back by letting him handle an FDCPA claim on that same case.

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a. Consumer/Retail Collections 

Throughout the state of Oklahoma, courts have imposed heightened requirements for documentation on 

defaulted credit accounts (including credit card debts) for creditors attempting to collect their outstanding 

debts through legal action. In the case of credit card debt, courts require the creditor to either (a) provide 

a cardmember agreement establishing the terms of the account or ( B) establish that the parties had a 

previous business relationship and that the consumer—either expressly or impliedly—agreed to repay the 

amount claimed as due. See, e.g., Discover Bank v. Worsham, 176 P.3d 366, 369 (Okla. Ct. App. 2007) 

(holding a consumer liable on a credit card debt because she used the credit card for four years after her 

husband’s death, made payments on the account as was stated in the monthly billing statements, and 

incurred and never disputed any of the interest charges or fees assessed on the account). Cases such as 

Worsham demonstrate how maintaining complete and accurate records during the life of a credit account 

can assist a creditor or lender if and when the business is forced to pursue collection through legal 

avenues. 

 

Moreover, courts in Oklahoma are imposing increasingly stringent requirements, even in those cases 

where a consumer has failed to answer or otherwise defend a lawsuit that was filed against them. For 

instance, Rule 16 of the Local Court Rules for the Seventh Judicial Circuit governs the entry of default 

judgments in collections matters and requires a creditor to provide the following documentation to a judge 

before a default judgment may be entered in the creditor’s favor: (1) proof of service; (2) servicemember’s 

affidavit in accordance with the Servicemember’s Civil Relief Act of 2003 and Department of Defense 

Status Report (many judges require both an affidavit and a screen shot demonstrating that the attorney 

actually visited the Department of Defense website); (3) proof of breach of last payment; (4) copy of the 

contract, mortgage, note or account; (5) amount of debt, principle and interest; (6) assignments, if 

applicable; and (7) any other item specifically requested by the assigned judge. As easily seen then, 

creditors are well-advised to document their process, documentation, and information, at each step in the 

life of a credit account, as failure to produce the required documentation exponentially increases the 

difficulty in collecting on some defaulted accounts. By the same token, purchasers of debt will find it even 

 

more difficult to prove their entitlement to relief, as doing so will require them to produce a chain of title 

evidencing their interest in the particular credit account. 

 

In practice, these heightened documentation requirements have made it increasingly difficult for debt 

purchasers to successfully litigate accounts in which debtors proffer no specific disputes, but simply 

dispute anything and everything about a particular debt. Producing sufficient documentation to persuade 

district court judges to grant summary adjudication in collections cases typically requires the creditor to 

have maintained proper documentation on the account and produced it in the litigation. In the end, 

Oklahoma (state) district court judges hold creditors—both original creditors and debt purchasers alike—

to a very high bar when it comes to establishing their entitlement to damages, costs, or fees on a 

consumer credit account, in large part because the state appellate courts have been increasingly willing 

to impose a similarly high standard. See, e.g., Discover Bank v. Worsham, 176 P.3d 366, 369 (Okla. Ct. 

App. 2007) (vacating a trial court’s grant of attorneys’ fees and costs where the trial court failed to 

sufficiently state the statutory or contractual authority upon which the creditor relied in supporting its 

request for costs and fees). 

 


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