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Asset hearings are a part of the Post-Judgment Discovery process. After being granted a Judgment against someone who owes you a debt, you have options when collecting compensation on that Judgment. Having a Hearing of Assets ordered by the court will better assist you in analyzing what assets the Judgment Debtor obtains and the best way you, the Judgment Creditor, can collect on them.

What is an Asset Hearing?

As a Judgment Creditor, once you are granted a Judgment, it is your responsibility to execute on it against the Judgment Debtor. For that to be done successfully, it is beneficial to ask the court to order the Debtor to appear before a Hearing of Assets to disclose all information regarding the assets they possess. Initially, the Judgment Creditor files a motion or application with the courts, requesting the Judgment Debtor release all specified information regarding their assets. This will assist you in determining how you should proceed when collecting your Judgment.

Why are Asset Hearings Necessary?

Asset hearings give a clear layout of exactly what assets a Judgment Debtor holds. This can include the Debtors bank account information, tax returns, titles to real property, business documentation, certificates to stock, and more. Requesting an Asset Hearing allows the Judgment Creditor to know evidently what method of collection that will be most efficient moving forward, whether that be a bank levy, garnishments, liens on property, or so forth.

Your Options Post-Asset Hearing:

Hiring an attorney is a useful option in assisting to implement your Judgment. As a Judgment Creditor, you are authorized to Post-Judgment cost and attorney fees, which will be included to the balance of the Judgment total. Typical attorney arrangements may include a contingency agreement in which the attorney is paid a percentage amount of the Judgment collected. Generally, the attorney does not collect a fee unless the client collects on the Judgment. If you need assistance collecting on a Judgment in Oklahoma, call Aaron Bruner, Attorney at Law for a consultation today.

Have you ever had to file a judgment against someone and after it being granted had difficulty collecting what was owed to you. Under the law, a judgment is a legally enforceable obligation against another party, and it is your responsibility as the creditor to collect on the judgment granted to you. When a court resolves a civil lawsuit, the court renders a civil judgment. The civil judgment is the official decision by the court regarding a dispute between the parties. In this article we will discuss who is responsible for collecting on a judgment and the process of how to obtain the debts that are owed.

What is a Judgment and Who Collects It?

A judgment is a decision made by the court that one party owes money to another party. A judgment is only a legal ruling and does not mean you automatically are granted the money owed to you. It is up to you as the Judgment Creditor to obtain the money owed to you from the Judgment Debtor. You initially have a declaration by the court that another party owes you money, however it does not give specific instructions on the payment process of the judgment. Therefore, you as the creditor must enforce the judgment on your own terms. This can be a tricky process, but there are many options in executing your judgment.

What is Post-Judgment Discovery?

To effectively execute on a judgment, the Judgment Creditor must first know where to discover the Judgment Debtor’s assets. This calls for a Post-Judgment Discovery process, which is crucial to garnishing accounts and seizing property. After the judgment is granted to you, as the Judgment Creditor you are allowed to request from the court an order demanding the Judgment Debtor to appear at a hearing to answer questions, under oath, regarding their assets. Without knowing this information, collecting on your judgment would be nearly impossible. This process is called a Hearing on Assets or “HOA”. To conduct this hearing, the Judgment Creditor must file an application or motion for the hearing and request that the Judgment Debtor disclose specific information regarding their assets.

These assets can consist of:

• Bank Account information
• Tax Returns
• Titles to Property (Vehicles/Real Estate)
• Business Documentation
• Certificates of Stock/Articles of Organization
• Etc.

How to Collect on a Judgment?

Being granted a judgment is the first step in the collection process. There are various ways you can collect on your judgment, these include:

• Attachments
• Executions
• Garnishments

Attachment is the process of seizing someone’s property to collect on a judgment. In realistic terms, you are “attaching” your judgment to the Judgment Debtor’s assets. Some methods of carrying out an attachment in Oklahoma include recording a judgment, seeking a garnishment, or having the court issue a writ of execution to the sheriff.

• Recording a judgment with the County Land Records, is the simplest form of attachment. Here you would report your judgment with the County Clerk (different from the Court Clerk), in the same county in which the Judgment Debtor retains any real estate. This way when someone reviews the title or deed, they will be notified of the judgment and if the property is sold or bought, the judgment must be paid first.

Executing a Writ is a court order to the Sheriff to execute the judgment by confiscating the Judgment Debtor’s personal property. The Sheriff may only seize the property specified in the writ. A write can be specific or general depending on what needs to be seized.

Garnishments are a very efficient way to collect on a judgment. This is when the court orders a third party to provide money to the Judgment Creditor that would otherwise be owed to the Judgment Debtor. This could be in Continuing garnishments with wages from their job for example or Noncontinuing garnishments with a bank levy for example.

Hiring an Attorney to Assist on Collecting a judgment

The Judgment Creditor has the choice of obtaining an attorney to aid in collecting on their judgment. The Judgment Creditor is entitled to post-judgment cost and attorney fees. Therefore, some of the further cost may be attached to the overall amount owed of the Judgment Debtor. A common arrangement in hiring an attorney is a contingency agreement in which the attorney is paid a percentage of the amount collected from the judgment. With this situation, the attorney does not collect a fee of percentage unless the client collects on their judgment. If you need assistance enforcing a judgment in Oklahoma, call Aaron Bruner, Attorney at Law for a consultation today.

You have just gone through the process of obtaining a legal judgment against someone who owes you money, only to realize that person has moved to another state, or their assets and businesses are in another state, what do you do now? With the judgment being granted by the court on your behalf, it is now your responsibility, as a creditor, to collect on the debt owed to you by the opposing party, the debtor in this case. When the debtor still lives in the same state, the process can be mundane but often people relocate or move their assets for several reasons. You are entitled to your judgment, no matter where the other party resides. In this article we will assess what a judgment is and how to domesticate it in another state, as well as how to collect on that judgment once authenticated.

What is a Judgment?

A judgment is a court’s final decision on which party is responsible for obtaining what and how much. A judgment in one state can be enforced in another state under the United States Constitution, with supplementary federal and state statues. Oklahoma State Statute 12 O.S. § 682 (OSCN 2022) states, “A. judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants; it may determine the ultimate rights of the parties on either side, as between themselves, and it may grant to the defendant any affirmative relief to which he or she may be entitled”. Once you have filed a suit and obtained a judgment against another party, now granted by the court you have a declaration that the other party owes you that money. This makes the judgment legally enforceable against the opposing party no matter what state they reside in.

What are the Steps of Domesticating a Judgment in Oklahoma?

Once you have been granted a Judgment, it is up to you to obtain the payment from the debtor. Although the judgment will not specify how to obtain payment, there are a few ways to enforce a judgment in Oklahoma.

Judgment enforcers:

• Garnishment
• Attachment/Execution
• Lien Foreclosure

The first step in domesticating a judgment is having your judgment authenticated by a court clerk in the foreign state of the debtor before you can begin the collection process. Oklahoma law states, “A copy of any foreign judgment authenticated in accordance with the applicable Act of Congress or of the statutes of this state may be filed in the office of the court clerk of any county of this state. The clerk shall treat the foreign judgment in the same manner as a judgment of the district court of any county of this state. A judgment so filed has the same effect and is subject to the same procedures, defenses, and proceedings for reopening, vacating, or staying as a judgment of a district court of this state and may be enforced or satisfied in like manner. Provided, however, that no such filed foreign judgment shall be a lien on real estate of the judgment debtor until the judgment creditor complies with the requirements of subsection B of Section 706 of this title.” 12 O.S. § 721 (OSCN 2022).

The second step in domesticating a judgment, which is to be completed at the same time as authenticating with a court clerk, is a Notice of Filing of Foreign Judgment and a Judgment Domestication Affidavit. These documents legally list the name and addresses of the creditor (Plaintiff), the creditor’s attorney, and the debtor (Defendant).

With notice, 20 days after filing these documents, Full Faith and Credit is given to the State of Oklahoma to recognize and enforce your judgment and is treated the same way an Oklahoma judgment would be moving forward.

How to Collect on your Judgment Once Authenticated?

After you have authenticated your foreign judgment against someone, you will want to proceed with investigating their assets, a process also known as post-Judgment discovery. You will want to ask a court to order the debtor to appear for a hearing to disclose a complete report of their assets to better help you assess how you can enforce your judgment.

A list of such assets could include:

• Several years of tax returns
• Titles to vehicles & real estate property
• Certificates of stock or articles of organization
• Other documents that would demonstrate ownership of a company
• All bank accounts & recent bank statements

Judgments can be implemented through practices like, wage garnishments, levies on bank accounts, and liens on property. When collecting on your judgment it might be beneficial to hire a lawyer to help enforce it. You are entitled to post-judgment costs and attorney fees, therefore the fees that are charged by the lawyer will be added to the balance of your judgment and the debtor is furthermore responsible for such balance. A common negotiable with hiring a lawyer is the lawyer taking a percentage of whatever sum is collected, as it is collected. Doing so balances the monetary risk with both the lawyer and client seeking collection.

Conclusion

Seeking a judgment can be a daunting process, and even more, collecting on that judgment when it requires domesticating in a different state than it originated. Being informed on how you can acquire what you are entitled to, is significant in obtaining the debt owed to you and doing so in an efficient way fundamental to the law.

Learning how to write a demand letter can save you time and money in receiving payments in disputes.

For example, if people owe you money, damage your property, sell a defective product, breach of contract, et cetera, you might want to manage it yourself by sending a demand letter.

However, if you are not aware of how to write demand letters, you might need help. Therefore it helps learn the elements of writing a strong demand letter to ensure you get paid whatever you are owed before seeking legal recourse.

Demand letters notify individuals or companies that you are considering legal action against them. If you know how to do it, you can write a demand letter yourself or hire a business lawyer in Tulsa to help you achieve your goal.

However, you must initially check the rules of your state and local courts if you are planning legal action to ensure you don’t need an attorney to present the letter.

What Are Demand Letters?

Demand letters serve many purposes. First, it enables you to write to an individual or company to let them realize they owe you money and you intend to collect it.

Demand letters deliver excellent outcomes when the individual or company owing you money realizes they are on notice. They might decide to pay what’s owed to ensure you don’t take the matter further.

The payment you receive will save time and money for everyone and prevents the need to hire a lawyer to write demand letters in Tulsa, OK.

You might confront a situation where an individual or a company realizes they owe you money but put the issue on the backburner or believe you are not moving forward to collect your payment.

It indicates they are wilfully refusing to pay for perhaps ignoring you. You are entitled to manage the finances owed, and the purpose of the demand letter is to set forth your expectations.

If it is a factual dispute, it can open the doors to negotiation preventing the need to go to court and start legal proceedings.

What Is a Demand Letter from an Attorney?

A demand letter from an attorney establishes facts by taking all information from you without assuming everyone has the points you do.

Lawyers write your version of the facts to ensure that if you have to seek legal recourse, you have documentation stating the nature of the dispute.

Demand letters from attorneys provide sufficient context for people or companies unfamiliar with the situation to understand the reality.

Lawyers include facts to state your attempts to resolve the dispute failed and refer to conversations, emails, or other communication indicating legal action is a last resort.

Lawyers try to refer to evidence such as contracts wherever available without including the document with the demand letter.

For example, they might refer to an agreement between you and the individual or company in that they agreed to pay you $ 100 for services provided, mentioning the date and time on the contract.

If you have evidence regarding the agreement, lawyers highlight the point because although illegal to destroy evidence, it can happen frequently.

Attorneys ensure they are clear about the evidence and have information that the recipient also possesses, making it essential if you have to explain it in court.

When attorneys send demand letters, they make a ‘demand’ by mentioning specific details about the claim you want to make.

For example, if someone drove into your property, causing damages and requiring you to spend money, attorneys outline your specific demands mentioning every detail with the costs of material damage, labor costs, and the charges for maintaining the repairs until they stabilize.

They also explain why the recipient must pay for the damage holding them at fault for the incident.

What Happens After My Lawyer Sends a Demand Letter?

When your lawyer dispatches a demand letter to an individual or company, they set forth the money owed to you, specifying how you expect the payment.

If you are not in a position to accept payments in installments, lawyers specifically inform the recipient that if your requests are not met, you plan to file a lawsuit to collect the money.

Lawyers are specific with the details they mention in demand letters realizing that if the recipient doesn’t meet your need for demands, the only recourse available is a lawsuit.

They ensure the demand letter is not threatening or accusing anyone but merely advising the recipient of your intention to start legal proceedings if your demands aren’t acceptable to bring the matter to an amicable solution.

If you don’t know the legal aspects of writing a demand letter, Aaron Bruner Law can assist you in writing these letters for civil lawsuits. Please do not hesitate to contact them for assistance with your demand.

If you have debts or loans that you need to service, you know how grueling the collection process can be. If you own a business and desire to collect bills from your customers, and they aren’t paying on time (if at all), the stress compounds since you need money to run your business. So, what is the pragmatic thing to help you get paid or even pay off the debts? This is why you need our business attorney to aid you in getting to where you wish to be.

If you are a lender, you understand the value of a positive revenue stream and how negatively performing financial obligations can weigh down a great portfolio. However, you can use the power of litigation and allow our lawyer in Tulsa to convert those non-performing obligations into positive revenue streams.

It has always seemed as though debt collectors are villains who wreck the lives of hard-working citizens. But when you understand the debt collection process, you will get to know that the creditors have a right to their money, and there is a legal process that protects the creditor and the debtor.

How Debt Collection Works

The debt collection process has three phases:

• You will deal with the creditor’s internal collector during the first six months of delinquency. This is the perfect stage to try and settle your debt since no middlemen are involved, and your creditor is still willing to maintain a positive relationship with you.
• Once the lender notices that you will not pay their debt, they will assign an outside organization, also known as a third-party agency. At this stage, the debt is still owned and owed to your original creditor. If the outside organization successfully recovers part or all of the debt, it will earn a commission. The creditor may decide that the commission might be a fee or a percentage of the total amount owed.
• The last stage of the process is where your original creditor writes off your debt and sells it to an outside collection agency (a debt buyer), often pennies on the dollar. Your original creditor will not be involved anymore. So the collection agency will try to get as much of the debt as possible, to make a profit on its purchase.

Recently, most creditors are reaching out to debt-collection law firms than the conventional debt collectors since the communication from a lawyer makes a greater impression, increasing the chances of repayment.

Laws Followed for Debt Collection

Even though a creditor is legally and ethically entitled to the money owed, they are still restricted by law in the methods they can employ to recoup their money. So, the creditor must abide by the following during the debt collection process:

• The collection agency must not discuss your debt with your friends, family, employer, or neighbor
• The collectors can only call you during limited times of day
• The collectors cannot use obscenities, slurs, threats, or insults
• The collection agency is given remedies for consumers who desire to stop collectors from all contact
• The collectors should verify all debts and terminate collection procedures if the verification is not fruitful

The act’s provisions might not cover the original creditors but the third-party agencies and lawyers who are always engaged in the debt collection process.

The Role of a Business Attorney and Lawyer in Debt Collection

Working with our lawyer throughout the debt collection process is a huge plus. Here are the roles our Tulsa business attorney plays during the debt collection process:

Enforce Fair Debt Collection

The beauty of having a lawyer on board is that the lawyer can bring action against the offender when the law is violated. Once our lawyer is involved, communication is done through the lawyer.

Negotiate With Creditors

Our attorney will negotiate balances to a reasonable amount. Also, if the client is willing to pay a certain amount, our lawyer can negotiate with the creditor for a lower payoff amount. If there is a payment plan, the lawyer can float the idea to the creditor to ensure that the debt is paid in a way that suits the client.

Help File for Bankruptcy

At times, declaring bankruptcy is the best option when a client desires to escape multiple default judgments. Our lawyer will discuss the various types of bankruptcy and what each entails. Then, you will be advised on the bankruptcy process.

How Do You Pay Off Debt In Collections?

You can pay off the debt in collections following these simple steps:

• Confirm that you owe the amount stated
• Check your state’s statute of limitation
• Understand your debt collection rights
• Figure out how much you can pay
• Request to have your account deleted if you have paid a large lump sum
• Set up a payment plan
• Make your payment
• Document everything

Paying off debt takes diligence and time. It might take you a long time before you clear a debt. Also, getting your money from a debtor can be a daunting task. In any case, at Aaron Bruner Law, we are well-vast in debt collection and can help. Contact us today.

Defaulting on debt obligations will compel your original creditor sometimes to sell your debt to a debt collector. The three central credit bureaus also receive adverse information after your debt is in the collection.

After some time, they must remove the collection amount from your report. If you want to remove the collection earlier or believe it is an error, there are many ways to find remove it from your credit report.

This article focuses on helping you through the steps to take before removing collection accounts from your credit report.

How to Get Collections of Your Credit Report?

Research And Check All Credit Reports

To receive information on your collection account, review all your credit reports. Annualcreditreport.com can help you achieve your goal and provide a free report copy annually. However, the coronavirus pandemic also has its benefits because it allows you to check all your credit reports from the three major credit bureaus free of charge until April 20, 2022.

Any collections paid or unpaid will be listed in your credit report, including the balances you owe. In addition, the due dates of the accounts delinquency will also be recorded. If you are unaware of the original creditor or if it is not listed on your report, you can request the collection agency to provide the information.

After receiving the report, compare the collection details listed against the records in your possession. If you don’t have any documents, view your payment history with the original creditor by logging into the account listed.

Ascertain The Accounts Legitimacy

When reviewing the collection listed against your name, ensure the debt belongs to you. If it doesn’t, or you made payments on time, dispute the error to remove it from the collection on your report.

Choose An Action Plan

Below are three action plans you can try to remove collections listed on your report.

1. Dispute Incorrect or Incomplete Collection Accounts: If you notice incorrect or incomplete collection figures on your credit report, you have the power to dispute the information directly with the credit bureaus or the creditor. The fair credit reporting act provides you the freedom to do so. You can argue the collection using dispute forms on the credit bureau’s website. However, if you find it challenging, you can utilize the services of a debt collection attorney near you for help.
2. After disputing the collection, the credit reporting agency has a month to investigate your claim. If they determine your information is incorrect, they take the collection amount from your report. However, if the reverse is true, the collection amount remains on your account for up to seven years.
3. Request for Goodwill Deletions: If you find a paid collection on your report, you can merely ask the debt collector or original creditor to remove the collection. The request generally entails sending the debt collector or collection agency a goodwill deletion letter detailing your mistake, asking for forgiveness, and showing improvements in your payment history.
4. A goodwill deletion letter does not guarantee the removal of the collection for your credit report. However, if the collector removes the account, it helps you qualify for better terms on credit cards, mortgages, and personal loans.
5. Wait for the Debt to Fall off: If the legitimacy of the debt is undisputed and you can’t convince the debt collector to remove it from your report, the only alternative available is to hire the services of a business lawyer attorney in Tulsa or to wait until the debt falls off. After seven years of its delinquency, the collection amount should fall off your report. Unfortunately, the collection remains on your account and impacts your overall credit score. However, its impact lessens as time passes.

Paid or unpaid collections legally remain on your credit report for seven years after they initially became delinquent. Collection reports can cause severe damage to your credit score. However, how much it impacts depends on the credit scoring model you use for the calculation and whether the account is paid or unpaid.

If you are confused with how credit scoring models work or are unaware of how to proceed to remove the collections from your report, Aaron Bruner law can provide you expert guidance to overcome the challenges confronted and get your credit report back on track.

When you get into a motor vehicle accident, you might find it challenging to determine whether you need a personal lawyer unless you have sustained severe injuries or suffered considerable property damage.

The need for a personal injury lawyer may not be essential in minor cases. Unfortunately, you may also become involved in a minor accident that might require legal expertise. Your injuries, the damage to your vehicle, and the at-fault determine whether you benefit from hiring a personal injury lawyer.

This article focuses on the actions you must take after a motor vehicle accident providing details on whether hiring a personal injury lawyer is beneficial or not in your circumstances.

What Do You Confront after a Motor Vehicle Accident?

You initially confront the challenge of filing a personal injury claim with the at-fault driver’s insurance company. Filing the lawsuit will allow you receive compensation for damages such as medical bills, prescription medications, vehicle repairs, pain, and suffering besides lost wages.

Insurers quickly settle minor damages, allowing you to receive total compensation and move on. Unfortunately, in most cases, insurers will likely accept a claim if it is minimal and offer you a settlement that will probably make you shudder.

Why Do You Need a Motor Vehicle Accident Lawyer?

The need for a motor vehicle accident lawyer might arise in several cases where you have suffered severe injuries requiring long-term treatment, have disagreements about which driver is at fault, disagree on fair compensation, and go to court.

Disagreements over the negligent driver and compensation are familiar in car accident claims. Insurance companies do not want to pay large sums on claims. Therefore, even if you were involved in a minor accident, they try to reduce what they pay you by using a team of attorneys and adjusters. You must seek help from the personal injury attorney in Tulsa to support you with your claim.

Benefits of a Counselor for Your Personal Injury Claim

An attorney for your personal injury claim is a professional aware of the pain and emotional upheaval you undergo after the trauma. If you have suffered injuries because of the negligence of the at-fault driver, there is no reason you should not seek compensation for all your medical bills and related expenses.

Attorneys know how to negotiate, can help you get medical attention, provide legal coverage that helps you make better decisions, and most importantly, receive faster compensation. An experienced attorney can also provide peace of mind if the accident involves fatalities. You undergo severe stress after a vehicle accident, and experienced attorneys handle all the complicated aspects of your claim, giving you the peace of mind necessary to recover quickly.

What Qualities Should a Personal Injury Lawyer or Attorney Have?

Not everyone without knowledge of the legal profession can become a personal injury lawyer. Therefore, when searching for a personal injury attorney, you must make plenty of inquiries without relying on online reviews unless they are unbiased. A personal injury attorney should possess practical experience, a successful track record, trial experience, and compassion.

Personal injury attorneys managing your claim must understand you are recovering from severe injuries and are financially and emotionally vulnerable. Therefore, the attorney you discuss your case with must handle it with utmost professionalism while remaining emphatic when helping you to navigate the claims process.

The personal injury attorney must also have extensive trial experience, even though most of such things are settled out of court. Therefore you must ensure that the attorney you hire has extensive experience in litigation.

Whenever you are injured in an accident caused by a negligent driver and are injured, you must seek help from a personal injury lawyer or attorney to guide you through the claims process. You will likely deal with many people during the claims process, including third-party attorneys, adjusters, insurance advisors, et cetera. You wouldn’t want to deal with everyone stepping on your doorstep in such circumstances, would you?

A personal injury lawyer or attorney does not sit on your doorstep to answer every question the other party wants to ask. However, they inquire who the other party lawyers injury attorney is and direct all inquiries to them.

Aaron Bruner law has some excellent personal injury lawyers and attorneys. The professionals will help you gather evidence and fight for the best possible compensation according to your situation. Therefore you help yourself by connecting them for your personal injury claim.

There’s no running away from the fact that COVID-19 has brought with it a wave of unprecedented global uncertainty. All across the world, life as we know it has been disrupted by this raging virus that traces its origins to Wuhan, China. Among the profoundly impacted are small and medium-sized business owners.

Small and medium-sized businesses don’t necessarily have vast amounts of surplus capital stashed away for rainy days. And even if they do, the current COVID-19-related challenges affecting enterprises go beyond the issue of money. Restaurants that previously relied on customers to dine in are finding themselves exploring takeout options, where this is feasible. Even then, there’s the additional problem of supply chain interruptions, difficulties keeping employees on a full salary in times of low demand for products and services, among others.

On March 27, 2020, President Trump signed into law the CARES (Coronavirus Aid, Relief, and Economic Security) Act, as a first step towards availing a massive $2.2 trillion stimulus fund that will cushion the US economy against the impact of this pandemic. Out of this figure, $349 billion will go into availing loans to small businesses. These loans will be available through the U.S Small Business Administration (SBA) and will allow business owners to meet their expenses in the face of curtailed operations.

What does this mean for you as a business owner?

First, let’s begin by identifying who qualifies for the CARES Act business loans. If you have a business with up to 500 employees, then you’re eligible for these loans. You will need to show that the monies you apply for will go to supporting your operations and maintaining payroll, so get your documents in order.

The SBA will avail the money through your local bank, i.e., your current banker. The best and most practical thing to do right now is to get in touch with your bank today and find out if they’re participating in the SBA loans provided by the CARES Act.

As a business, you will qualify for loans up to $10,000,000 or your total annual payroll costs multiplied by 2.5, whichever is lesser. If you’re a brand new business without historical records of your payroll costs, use your average January 2020 and February 2020 payroll costs to estimate your annual costs of the same.

You will not be required to pay back your loan for a year, and there are no fees attached to the same. On the question of loan forgiveness, your loan may be entirely forgiven if you retain the same number of FTE (full-time employees) between now and June 2020, as you had in the same period of 2019. Reducing employee wages and laying off employees may exclude you from loan forgiveness.

As a business owner, it’s natural to feel anxious about what the future holds. The CARES Act business loan will go a long way in absorbing some of the shocks caused by the COVID-19 pandemic. As such, it would be in your business’s best interest to reach out to your banker to get cracking on the loan application process right away.

As usual, Aaron Bruner, your trusted attorney at law, is always available to answer any questions regarding the legal implications of these loans to your business.

The speeding tickets issued in Oklahoma come down to legal technicalities. The “Basic Speeding Law” and the “Absolute Limit” are the two types of speeding laws. This blog will explain the differences in these laws and the effects of each on one’s driving record.

Basic Speeding Law

Generally, the Basic Speeding Law requires all drivers to exercise due care and good sense given the driving conditions and surroundings. Safety is the premise of this law, regardless of the posted limit.

Absolute Limit

The Absolute Limit is very basic, without tricks or details. The posted speed limit is the absolute speed limit. In Tulsa Oklahoma attorney, these speed limits are:

• 25 mph in school zones
• 35 mph on highways in State parks and wildlife refuges
• 55 mph on most country roads

Penalties for a Speeding Ticket

The severity of a violation, and the driver’s record, will affect the severity of the penalty. All violations have a related fine, jail time, or both. Generally, the maximum jail times are:

• 10 days for the first offense
• 20 days within 1 year
• 6 months for the third and subsequent offenses within 1 year

The maximum fines increase in 5 mph increments over the posted speed limit, as follows:

Reckless Driving

There are no speed limits to define reckless driving. The above speeding violations do not define reckless driving. Therefore, reckless driving is subjective to the officer issuing the ticket and the conditions and circumstances of the event. The formal definition of reckless driving is “careless and wanton.”

This offense carries the penalties for first offense of 90 days in jail and/or fines from $100-$500.

The Point System

Speeding violations can also add points to a driving record, and the number of points depends upon the circumstances. The accumulation of 10+ points within 5 years will lead to a suspended driver’s license. The number of points assessed for a specific driving offense is set by Oklahoma’s Department of Public Safety’s Mandatory Point System. Contact Aaron Bruner Law Firm for effective legal consultation.