Oklahoma Statutes of Limitation

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David A. Szwak
Posts: 1974
Joined: Thu Jul 13, 2006 11:19 pm

Oklahoma Statutes of Limitation

Post by David A. Szwak »

Oklahoma Statutes of Limitation

Written Contract: 5 Years, (O.S. § 95(1)).

Oral Contract: 3 Years, (O.S. § 95(2))

Attachments: 5 Years, (O.S. § 95(5))

Domestic Judgment: 5 Years, (O.S. § 95(5))

Foreign Judgment: 3 Years, (O.S. § 95(2)
David Szwak
Chairman, Consumer Protection Section, Louisiana State Bar Association
Bodenheimer, Jones & Szwak
509 Market Street, 7th Floor
Mid South Tower
Shreveport, Louisiana 71101
318-221-6444
Fax 318-221-6555
David A. Szwak
Posts: 1974
Joined: Thu Jul 13, 2006 11:19 pm

Post by David A. Szwak »

1. Sesow v. Swearingen,
552 P.2d 705, 19 UCC Rep.Serv. 1160, 1976 OK 97, Okla., July 20, 1976 (NO. 48392)

...the action was barred by the statute of limitations. [1] Does the Oklahoma Uniform Commercial Code lengthen the statute of limitations for commencing suit on an open account established by the sale of goods, wares, merchandise or materials to five years? We believe it does. Although none of the provisions of 12 O.S.1971 s 95 were expressly repealed by the...


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2. Lowden v. Stephens County Excise Bd.,
191 Okla. 5, 126 P.2d 1023, 1942 OK 240, Okla., June 16, 1942 (NO. 30773)

...when the judgment roll of a judgment against the municipality discloses that such judgment was rendered on a so-called open account for merchandise sold over a long period of years, that the petition itself showed that a large portion of the claim was positively barred by the statute of limitations, that on the day after filing such petition a summons was served and an answer filed admitting correctness of such...


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3. Electric Supply Co. v. Garland,
188 Okla. 21, 105 P.2d 758, 1940 OK 376, Okla., September 24, 1940 (NO. 29289)

...241k 85(6) k. Effect of Property Subject to Levy Within Jurisdiction. The fact that defendant, against whom action on open account was brought more than three years after the last payment was made on the account, may have had property within the state during period while defendant was not within the state, did not affect the suspension of the statute of limitations during defendant's absence. 12 Okl.St.Ann. §§ 95 98 241 Limitation of Actions 241II Computation of Period of Limitation 241II...

...241k 177 Necessity 241k 177(2) k. Necessity of Pleading Matters Avoiding Bar of Statute. Plaintiff, who brought action on open account more than three years after last payment was made on the account, was required to plead defendant's absence from state so as to avoid the bar of the statute of limitations. 12 Okl.St.Ann. §§ 95 98 241 Limitation of Actions 241V Pleading, Evidence, Trial, and Review 241k 194 Evidence 241k 195 Presumptions and Burden of Proof 241k 195(4) k. Personal Disabilities and Absence or Nonresidence. In action on open account brought more than three years after the last payment was made on the account, plaintiff had burden of proving allegation that defendant was out of state after the action accrued for sufficient period of time that the action was not barred by limitations. 12 Okl.St.Ann. §§ 95 98 241 Limitation of Actions 241V Pleading, Evidence, Trial, and Review 241k 194 Evidence 241k 197 Weight and Sufficiency 241k 197(1) k. In General. In action on open account, brought more than three years after the last payment was made on the account, plaintiff failed to sustain burden of showing the tolling of the statute of limitations because of defendant's absence from the state for sufficient period to avoid the bar of the statute of limitations. 12 Okl.St.Ann. §§ 95 98 241 Limitation of Actions 241V Pleading, Evidence, Trial, and Review 241k 199 Questions for Jury 241k 199(1) k. In General. Whether defendant, against whom action on open account was brought more than three years after last payment was made on the account, was absent from state so as to toll statute of limitations for sufficient length of time to avoid its bar, was question of fact. 12 Okl.St.Ann. §§ 95 98 Samuel...


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4. Higgins v. Butler,
10 Okla. 345, 62 P. 810, 1900 OK 66, Okla.Terr., June 30, 1900

...amount,â€
David Szwak
Chairman, Consumer Protection Section, Louisiana State Bar Association
Bodenheimer, Jones & Szwak
509 Market Street, 7th Floor
Mid South Tower
Shreveport, Louisiana 71101
318-221-6444
Fax 318-221-6555
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