{"data":{"id":"us-ok/okla.-stat.-tit.-12-12-1751","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 12, § 12-1751","heading":"Suits authorized under small claims procedure","body":"A. The following suits may be brought under the small claims\n\nprocedure:\n\n1. Actions for the recovery of money based on contract or tort,\n\nincluding subrogation claims, but excluding libel or slander, in\n\nwhich the amount sought to be recovered, exclusive of attorney fees\n\nand other court costs, does not exceed Ten Thousand Dollars\n\n($10,000.00);\n\n2. Actions to replevy personal property the value of which does\n\nnot exceed Ten Thousand Dollars ($10,000.00). If the claims for\n\npossession of personal property and to recover money are pled in the\n\nalternative, the joinder of claims is permissible if neither the\n\nvalue of the property nor the total amount of money sought to be\n\nrecovered, exclusive of attorney fees and other costs, exceeds Ten\n\nThousand Dollars ($10,000.00); and\n\n3. Actions in the nature of interpleader, as provided for in\n\nSection 2022 of this title, in which the value of the money which is\n\nthe subject of such action does not exceed Ten Thousand Dollars\n\n($10,000.00).\n\nB. No action may be brought under the small claims procedure by\n\nany collection agency, collection agent, or assignee of a claim,\n\nexcept that an action may be brought against an insurer or third-\n\nparty administrator by a health care provider as that term is\n\ndefined in Section 6552 of Title 36 of the Oklahoma Statutes, who is\n\nan assignee of benefits available under an accident and health\n\ninsurance policy, trust, plan, or contract.\n\nC. In those cases which are uncontested:\n\n1. Except as provided in paragraph 2 of this subsection, the\n\namount of attorney fees allowed shall not exceed ten percent (10%)\n\nof the judgment;\n\n2. Upon application to the court supported by sufficient\n\ndocumentation, the court may award attorney fees not to exceed\n\ntwenty-five percent (25%) of the judgment.\n\nNothing in this subsection shall be construed to limit the\n\namount of attorney fees awarded in contested cases. Further,\n\nnothing in this subsection shall be construed to prohibit an award\n\nof attorney fees for the defense of an action brought under the\n\nsmall claims procedure.\n\nD. No action may be brought under the small claims procedure\n\nfor any alleged claim against any city, county or state agency, or\n\nemployee of a city, county or state agency, if the claim alleges\n\nmatters arising from incarceration, probation, parole or community\n\nsupervision.\n\nE. No action by a plaintiff who is currently incarcerated in\n\nany jail or prison in the state may be brought against any person or\n\nentity under the small claims procedure.\n\nF. A small claims affidavit shall include a statement\n\nacknowledging that the plaintiff is disclaiming a right to a trial\n\nby jury on the merits of the case.\n\nG. In an action filed and tried under The Small Claims\n\nProcedure Act or an action for forcible entry and detainer placed on\n\nthe small claims docket of the district court or assigned to the\n\nsmall claims division pursuant to Section 1148.14 of this title,\n\nparties that are corporations, limited liability companies,\n\npartnerships, trusts, or other legal entities may appear by and\n\nthrough a corporate officer, member, manager, partner, trustee, or\n\nregular full-time employee, who shall be authorized to execute the\n\nstatutory affidavits and other filings with the court and otherwise\n\nproceed as any other party who is an individual representing\n\nthemself.","path":["OK Code","Title 12"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os12.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"644cc54feaac3129d9acf3938ccc32a73e41551af240cf731a48a95399631e07","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-12-12-171.1","next":"us-ok/okla.-stat.-tit.-12-12-1752b"},"notice":"GroundRules: Original legal text. Not legal advice."}
