Carolyn Ann Tate, individually and as trustee of the Carolyn Tate Living Trust Dated the 27th day of October, 2023. v. Trace Oil & Gas, LP
What's This Case About?
Let’s get one thing straight: someone is dragging an oil company to small claims court—yes, small claims court—over $2,196.42. Not for environmental damage, not for a drilling accident, not even for a busted water well. No. This is about late payments. As in, “you sent me the check two weeks after you were supposed to and now I want my money, plus dignity.” Welcome to rural Oklahoma, where the oil flows like cheap wine at a church picnic, and apparently, so do the grudges.
Carolyn Ann Tate—listed both as herself and as the trustee of the Carolyn Tate Living Trust, which was created on October 27, 2023, because nothing says “I’m getting my legal ducks in a row” like setting up a trust right before suing an oil company—used to own land that sits atop Oklahoma’s quietly productive oil fields. When you own land in places like Caddo County, you don’t just inherit dirt and deer; you inherit mineral rights. That means when someone drills for oil under your property, you get a cut. It’s like passive income, but with more paperwork and fewer beach vacations. At some point, Carolyn sold the land—but kept those mineral rights. So even though she doesn’t live there anymore, when oil comes up, a percentage of the profits still trickles down to her mailbox in the form of royalty checks. Or at least, it’s supposed to.
Enter Trace Oil & Gas, LP, a company with an address in Cement, Oklahoma—which, yes, is a real town, and yes, we assume the locals have heard every “well, this town’s a real cement of my soul” joke at least twice. They’re partnered with Cemoil, Inc., another oil operation based just outside Chickasha, mailing their letters from the same P.O. box in Cement, which raises the question: is that box haunted by unpaid landowners? These two companies are the ones operating the well, selling the oil, and—allegedly—sitting on Carolyn Tate’s money like a frog on a lily pad. According to her attorney, R. John Berry (who, for the record, filed this in small claims court, not the big leagues), Trace and Cemoil owe her $2,196.42 in late royalty payments. That’s not for oil they didn’t pay for. It’s not a dispute over how much oil was produced. It’s not even about a miscalculation in percentages. It’s about timing. They paid her… eventually… but not on time, and now she wants every penny they owe, plus the satisfaction of making them show up to court in Anadarko like they’re in community court for overdue library books.
Now, you might be thinking: “Wait, is being late on a royalty check really a lawsuit?” And the answer is: in Oklahoma, apparently, yes. The legal claim here is for “late payments of proceeds from oil and gas production,” which sounds like a clause buried in a 47-page contract no one reads until someone gets mad. But in the world of mineral rights, timing matters. Royalty payments are supposed to be made according to strict schedules—usually within 60 to 90 days after production—because, let’s face it, oil companies move fast, and landowners shouldn’t have to wait forever to get paid for the black gold bubbling under their former backyards. If a company drags its feet, even if they eventually cut the check, that delay can technically violate the terms of the lease or state regulations. And in some cases, that opens the door to legal action. So while this isn’t fraud, theft, or environmental sabotage, it’s still a breach—like if your landlord cashed your rent check two months late and then had the nerve to charge you a late fee. It’s the principle. It’s the vibe.
Carolyn Tate wants $2,196.42. That’s it. No punitive damages. No demand for an injunction to stop drilling. No request for a public apology printed in the Cement Scoop. Just the money, plus court costs and possibly attorney fees, because even in small claims court, lawyers still have to eat. Now, is $2,196.42 a lot? In the oil business? Not even a rounding error. A single oil well can generate tens of thousands of dollars a month. For a company that operates across multiple leases, $2,200 is less than the cost of a routine equipment inspection. But for an individual landowner—especially one relying on royalty income as part of retirement or living expenses—two grand is real money. It’s a car repair. A medical bill. A year’s worth of groceries. And let’s not pretend this is just about the cash. This is about respect. This is about sending a message: “I may not be a corporation with a fleet of trucks and a lobbyist in Oklahoma City, but I have a trust, a lawyer, and a willingness to show up at 10:30 a.m. on April 14th in Anadarko, and I will be heard.”
The hearing is set for April 14, 2026, at the Caddo County Courthouse—a building that probably still has a payphone and a vending machine that only takes quarters. Both defendants have been ordered to appear, bring witnesses, bring documents, or else face a default judgment. And here’s the kicker: neither Trace Oil & Gas, LP nor Cemoil, Inc. appears to have lawyers. At least, not according to the filing. Which means they might be showing up in jeans and work boots, trying to explain to a judge why they were late on a check that, again, they did eventually pay. It’s like showing up to traffic court to defend a speeding ticket and saying, “Yeah, I was going 92, but I got where I was going safely!” Cool story, but the law is the law.
Our take? This case is equal parts admirable and absurd. On one hand: good for Carolyn Tate. Good for her for not rolling over. Good for her for using the legal system, however petty it may seem, to hold a company accountable for treating her like an afterthought. In an industry where small landowners are often steamrolled by big operators, this is a tiny act of defiance. On the other hand… small claims court? For late fees? This feels less like a legal battle and more like a passive-aggressive country feud. It’s the grown-up version of “I’m not mad, I’m just disappointed,” but with court summons. And the fact that two oil companies are being hauled into a courtroom over two thousand bucks? That’s not justice—that’s poetry. It’s the legal equivalent of a TikTok roast. “You had one job: pay the lady on time.”
Will the judge rule in her favor? Probably. Will the companies care? Doubtful. But will Carolyn Tate walk out of that courthouse feeling like she stuck it to the oil barons of Cement, Oklahoma? Absolutely. And honestly? We’re rooting for her. Not because $2,196.42 is life-changing money. But because sometimes, the most satisfying victories aren’t measured in dollars—they’re measured in making someone drive 30 miles to explain why they couldn’t mail a check on time. Welcome to Crazy Civil Court, where the stakes are low, the drama is high, and the oil keeps flowing—just not fast enough for one very patient, very determined former landowner.
Case Overview
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Carolyn Ann Tate, individually and as trustee of the Carolyn Tate Living Trust Dated the 27th day of October, 2023.
individual
Rep: R. John Berry, OBA #36044
- Trace Oil & Gas, LP business
- Cemoil, Inc. business
| # | Cause of Action | Description |
|---|---|---|
| 1 | late payments of proceeds from oil and gas production | $2,196.42 owed for late payments |