Oklahoma Small Claims

In Oklahoma, a small claim is a civil action to recover money or replevy property valued at up to $10,000. Small claims are handled by the District Courts in this state.

What Is a Small Claims Court in Oklahoma?

In Oklahoma, a small claims court is any court that handles a civil action seeking to recover money or replevy property not exceeding $10,000 in value. The rules governing small claims in the state are outlined in the Small Claims Procedure Act. Actions under the small claims procedure must be initiated by the plaintiff or the plaintiff’s attorney by filing an affidavit.

Small Claims Court Limits in Oklahoma

The small-claims monetary cap in Oklahoma is $10,000, excluding attorney's fees and court costs. However, if the defendant files a counterclaim for more than $10,000, the case will be reassigned to a different district court docket. In Oklahoma, you can either represent yourself in a small claims case or hire a lawyer to help you.

How to File a Small Claims Case in Oklahoma

In Oklahoma, you can file a small claims case by taking the following steps:

1) Prepare the Small Claims Affidavit. You can file a statutory affidavit (petition) with the district court clerk. The clerk can draft it on request. Note that the judge’s order setting the appearance date must be endorsed on the affidavit.

2) Pay the filing fee. After completing the petition, you must pay applicable filing fees. If your claim is $5,000 or less, you will need to pay a small-claims fee. You will be required to pay more as a filing fee for claims of more than $5,000. Interested persons can consult Title 28 of Oklahoma Statutes for more information on filing fees.

3) Service of process. You can complete the process using a sheriff or process server service. However, you are required to provide proof of service to the clerk. The

4) Hearing date. According to state law, the date for the defendant to appear must be set at least 10 days and no more than 60 days from the moment the order was issued. The order must be served at least seven days before that date. Courts usuallyschedule hearings about 4 to 6 weeks after filing.

Small Claims Court in Major Oklahoma Locations (examples)

• Oklahoma County (Oklahoma City): District Court Clerk, located at 321 Park Ave., Oklahoma City, OK 73102. You can complete forms and filing at the courthouse. The county judges’ website has all the contact information you need.
• Tulsa County (Tulsa): Court Clerk, situated at 500 South Denver Ave., Room 200, Tulsa, OK 74103. The clerk’s website provides details on small-claims, forms, and fee schedules.
• Cleveland County (Norman): District Court Clerk, found at 201 S. Jones Ave., Norman, OK 73069. The county's website has information on location and clerk contacts for civil filings.

What to Expect at a Small Claims Hearing in Oklahoma

In Oklahoma, small claims hearings are informal bench trials. The plaintiff goes first, followed by the defendant. It is always best for each party to bring organized, labeled exhibits, such as contracts, invoices, and photos.

In a small claims hearing, the judge might call witnesses or ask for documents. If a properly served defendant does not show up, the court can issue a default judgment. However, if the plaintiff does not show up, the case is usually dismissed. According to the law, small-claims cases must be scheduled within 10 to 60 days.

In Oklahoma, small-claims judgments can be appealed just like other civil judgments. The losing party typically has 30 days from the date of judgment to appeal by filing a petition with the Oklahoma Supreme Court.

How to Search for Small Claims Records in Oklahoma

Small-claims case files are generally considered public unless a rule or an order seals them. You can check dockets and many filings online:

1. OSCN Docket Search (official). This provides statewide access to district-court dockets. You can search by party or case number to view the register of actions, filings, and settings.
2. ODCR (On-Demand Court Records). This is a popular public portal for participating counties. It allows searches by name and case number and provides some images.
3. Certified copies & older files. Certified records are maintained by the district court clerk who handled the case. You can obtain certified copies by visiting the courthouse or contacting the clerk directly.