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Oklahoma Fair Debt Collection Practices Act

Oklahoma Fair Debt Collection Statute

Oklahoma Fair Debt Collection Practices Act OK ST §14A-5-107. Extortionate extensions of credit.

(1) If it is the understanding of the creditor and the debtor at the time an extension of credit is made that delay in making repayment or failure to make repayment could result in the use of violence or other criminal means to cause harm to the person, reputation, or property of any person, the repayment of the extension of credit is unenforceable through civil judicial processes against the debtor.

(2) If it is shown that an extension of credit was made at an annual rate exceeding forty five percent (45%) calculated according to the actuarial method and that the creditor then had a reputation for the use or threat of use of violence or other criminal means to cause harm to the person, reputation, or property of any person to collect extensions of credit or to punish the non-repayment thereof, there is prima facie evidence that the extension of credit was unenforceable under subsection (1), unless such rate was otherwise lawful under any provision or provisions of this act.

Added by Laws 1969, c. 352, § 5-107, eff. July 1, 1969.

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  1. Research this date shows a lien filed in against my property in another county. I have received no paperwork from this court in support of this lien and I have no supporting paperwork showing I signed for whatever the debt of $3999 is for. How do I receive copies of the supporting documents to this claim?

    Your assistance in this matter is greatly appreciated.

    Connie Dubnick, 5/3/2015

    • Contact the clerk of the court in the county the judgment was entered and obtain a full copy of the court file. This will include a proof of service and more information about the debt, then give us a call. We’re happy to have an attorney licensed in your state review the facts- if they have violated your rights, we may be able to recover a damage award.

  2. I keep getting phone calls at my place of employment by D2 Management claiming they took my social off a credit report and I owe for a payday loan. However, I haven’t taken out any type of loan in years. I have repeatedly asked them to stop calling my place of employment that if they need to contact me to do so by mail, yet they never have. Today 6/23/15 I received a call from a Dominique Smith (a male) stating he was from D2 Management again on my employers phone. I again told him I have repeadidly asked them to stop calling me at my place of employment. He then stated he had no alternate phone number to call me on. I hung up on him after repeating that he is not to call me at my place of employment again. Two seconds later a woman stating she was with D2 Management called my cell phone. She refused to give me her full name and was very curt with me telling me her first name was Meeka and that was all I was getting! She called from 918-948-6034. I NEED THIS TO STOP! I want to sue them.

  3. I received a phone message today from a Mr. Andréa Little claiming there was a resubmitted order to his office; he never gave the name of the office. He then proceeded to tell me I needed to schedule a time and place to receive a court summons or I could have this resolved outside of court. He then said if they moved forward before speaking with him the right to have this resolved would be waved. I would then be subject to legal actions including a possible arrest order to be filed. Once the documents are processed in McClain county district court the right to resolve this will be waved. Contact them directly at 1-855-201-9610. Ext 130 he stated his name again Andrea Little and said that he needed to make me aware that this is a time sensitive matter failure for me to comply will result in summons orders to be delivered to my place of employment or the home address on record.
    I have the entire message that he left still on my phone. What can I do about this?

  4. Oklahoma Natural Gas is saying that I owe them $2,100 for a bill that was in my mother’s name they say that I was put on the account and I never authorized that also when I pull my credit report the only amount that I owe the gas company is $205 now they’re threatening to cut my gas off can I do anything about it

  5. I had an MRI done at Medical Plaza Imaging in April 2015. My doctor had them call me and set up the appointment. They had my insurance information in the system and told me I would pay $25 copay at the time of service and insurance would take care of the rest. I received one statement that showed my 25 copay and that Aetna had been billed. I thought this was taken care of and all I owed. I got served papers yesterday that I am being sued for the cost of the MRI plus 600 in legal fees. This was turned over to a collection agency who Mr Fudge owns. After several calls to figure out what the bill was for, who the collection agency was I was told by AMR that legally they only have to send me one bill and they left one voicemail. I never got the one bill or voicemail. I asked that whatever bill they sent be resent to me. I did have many calls from a phone number I now suspect was them. When I answered there was no one there and it would click and hang up so I finally blocked the number.

    After my supposed one letter and one voicemail, 9 months go by and I am served papers (served to my daughter) and being sued. I never got any other letters or noticed in a year. One of the attorney’s for the firm suing me is Mr. Hugh Fudge, a family member of the person that owns the collection agency I feel did nothing to inform me of the collections and is just passing my account to a family member to charge me 600. I feel violated. I feel like this is a scam to not send me information to collect on my account just so a family member can make more money. I offered to pay my bill and they will not accept just the bill portion. They want interest, filing fees and court costs and insurance. They even want another 39 dollars to process my payment in full. I am not sure why I was ever told I only had to pay a copay and they accepted a copay if I really had to meet a 500 deductible. I never would have had the scan if I was told correctly and if I did choose to have it I would have gladly paid what I owed. Is this fair collecting practices to supposedly send one letter, one call, wait 9 months and let a family member make 600 dollars because they made no other attempt to send me a letter?

  6. I have a divorced friend who hit a rough spot. Her ex does NOT pay anything for her and they’ve been divorced over 10 years.

    She owes a business a few hundred dollars. It’s regarding her daughter’s dance lessons. I help with things at the studio and often know information about bills. The owner told me she is calling the dad and asking him to make payments. I told her this wasn’t right, the dad has no right to the mom’s payment information, they aren’t married and he pays no bills nor has he signed anything regarding payments.

    If the dad won’t pay it outright then she’s giving the bill to a debt collection agency on both parents.

    Is this legal? I certainly wouldn’t expect a phone call from some company stating my ex wasn’t paying his bills and that I owed them money for him. Even if it was regarding our kids.

    I just don’t think it’s right. What do I tell my boss? I think she’s opening herself up to a huge legal issue.

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