What follows is a brief but informative summary of rules, procedures, and filings requirements for small claims court in Oklahoma. Keep in mind that rules and laws change. It’s always a good idea to confirm the rules with the court or with further research.
Maximum Jurisdictional Dollar Amount: The maximum dollar amount is $6,000.
Where Suit May Be Brought: Case may be brought where the defendant resides, debt arose or contract signed. Cases concerning damage to land or buildings should be brought where property is. Corporations may be sued where its principal office is located, where an officer resides, where any co-defendant is sued or where the injury occurred. Nonresident corporations may be sued where it has property or debts due, where an agent is found, where any co-defendant is sued, where the injury occurred or where the plaintiff resides.
Proper Manner of Service of Process upon Defendant: Service may be made by certified mail by court clerk with return receipt, sheriff or court-approved disinterested adult.
How the Hearing Date Is Selected: 10-60 days from filing of complaint.
Attorney Representation Rule: Attorneys are allowed, but can’t charge more than 10% of judgment in uncontested cases.
Special Provisions Regarding Transfer or Jurisdiction of Cases: If defendant counterclaims for more than $4,500 or if court grants defendants request, the case may be tried under regular civil procedure of District Court, unless both parties agree in writing to stay in Small Claims Court.
Availability of Appeals: Either litigant may appeal for a review of law but not of the facts to Supreme Court within 30 days.
Special Rules and Notes: Only cases to recover money, personal property or debt-payment distribution to several creditors. Small claims court cannot hear libel and/or slander cases. Jury trial is available. Collection agents may not sue. Right to sue may not be transferred. Oklahoma!
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Michael Spadaccini is the author of 8 books on self-help legal matters such as, Ultimate LLC Compliance Guide: Covers All 50 States (Ultimate Series), Ultimate Book of Forming Corps, LLCs, Partnerships & Sole Proprietorships, and Ultimate Guide to Forming an LLC in Any State, Second Edition (Ultimate Series).
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