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Oklahoma · Snapshot open-us-law v2026.08, retrieved 2026-09-14

Okla. Stat. tit. 12, § 12-1751: Suits authorized under small claims procedure

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  1. OK Code
  2. Title 12

A. The following suits may be brought under the small claims

procedure:

1. Actions for the recovery of money based on contract or tort,

including subrogation claims, but excluding libel or slander, in

which the amount sought to be recovered, exclusive of attorney fees

and other court costs, does not exceed Ten Thousand Dollars

($10,000.00);

2. Actions to replevy personal property the value of which does

not exceed Ten Thousand Dollars ($10,000.00). If the claims for

possession of personal property and to recover money are pled in the

alternative, the joinder of claims is permissible if neither the

value of the property nor the total amount of money sought to be

recovered, exclusive of attorney fees and other costs, exceeds Ten

Thousand Dollars ($10,000.00); and

3. Actions in the nature of interpleader, as provided for in

Section 2022 of this title, in which the value of the money which is

the subject of such action does not exceed Ten Thousand Dollars

($10,000.00).

B. No action may be brought under the small claims procedure by

any collection agency, collection agent, or assignee of a claim,

except that an action may be brought against an insurer or third-

party administrator by a health care provider as that term is

defined in Section 6552 of Title 36 of the Oklahoma Statutes, who is

an assignee of benefits available under an accident and health

insurance policy, trust, plan, or contract.

C. In those cases which are uncontested:

1. Except as provided in paragraph 2 of this subsection, the

amount of attorney fees allowed shall not exceed ten percent (10%)

of the judgment;

2. Upon application to the court supported by sufficient

documentation, the court may award attorney fees not to exceed

twenty-five percent (25%) of the judgment.

Nothing in this subsection shall be construed to limit the

amount of attorney fees awarded in contested cases. Further,

nothing in this subsection shall be construed to prohibit an award

of attorney fees for the defense of an action brought under the

small claims procedure.

D. No action may be brought under the small claims procedure

for any alleged claim against any city, county or state agency, or

employee of a city, county or state agency, if the claim alleges

matters arising from incarceration, probation, parole or community

supervision.

E. No action by a plaintiff who is currently incarcerated in

any jail or prison in the state may be brought against any person or

entity under the small claims procedure.

F. A small claims affidavit shall include a statement

acknowledging that the plaintiff is disclaiming a right to a trial

by jury on the merits of the case.

G. In an action filed and tried under The Small Claims

Procedure Act or an action for forcible entry and detainer placed on

the small claims docket of the district court or assigned to the

small claims division pursuant to Section 1148.14 of this title,

parties that are corporations, limited liability companies,

partnerships, trusts, or other legal entities may appear by and

through a corporate officer, member, manager, partner, trustee, or

regular full-time employee, who shall be authorized to execute the

statutory affidavits and other filings with the court and otherwise

proceed as any other party who is an individual representing

themself.

Collected 2026-09-14T18:32:36Z. Source file · JSON

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