Order Directing Transfer
Note: This summary is not intended to be an all inclusive
discussion of the law and procedures of small claims in Oklahoma, but it
does contain basic and other information. This summary only discusses civil
claims (property and money claims) that may be filed in small claims court.
Criminal charges are not discussed.
Definition -
Small claims courts, also sometimes called "Peoples Court", is a court of limited jurisdiction.
Limited jurisdiction means only certain matters may be filed and heard
by the small claims court. There is also a maximum claim amount limitation.
Small claims court offer a quick, informal and inexpensive way of resolving
many types of disputes you may have with particular individuals or companies.
Maximum Amount of Claim Small Claims Court may
hear in Oklahoma:
$4,500.00
Which Court hears small claims in Oklahoma?
The District Court of Oklahoma has jurisdiction to hear all small claims actions.
Who hears the claims in small claims court?
The proceedings are conducted by a judge.
Claims over which the Small Claims Court has Jurisdiction:
The small claims court in Oklahoma may hear any of the following
claims if the amount in controversy does not exceed $4,500.00:
1. recovery of money based on contract or tort, including subrogation
claims
4. The above list is not exhaustive but does contain most of the
common claims. The following claims MAY NOT be filed in small claims court:
libel, slander, professional malpractice, assigned claims, and punitive
damages.
Who may file a claim in small claims court?
An individual, partnership or corporation (or LLC) may file a claim
against another individual(s), partnership or corporation (or LLC) in small
claims court if jurisdiction exists to hear the claim and the amount of
the claim or property involved does not exceed $4,500.00.
Must you be represented by an attorney?
Generally, an attorney is not needed. However, the parties may hire attorneys to litigate
on their behalf if they desire to do so.
Things to do before you File a Claim:
Get the facts straight so you can complete the forms correctly and answer any
questions court personnel may need to know. Be sure to obtain the correct
legal name of the defendant, correct address and place/address of employment.
If the defendant is a Corporation or Limited Liability Company you would
use the legal corporate or LLC name as the defendant. If the defendant
is a Corporation or LLC, you may need to contact the secretary of state
in your state and obtain the proper name and address to serve with a copy
of the suit. This person is called a registered agent and is designated
by the corporation to receive process or summons when the corporation is
sued. Be sure to also contact the small claims court to determine the filing
fee for filing the claim.
How to File the Claim:
The plaintiff must prepare an affidavit or at his or her request, the clerk of the court
may draft the affidavit. The affidavit may be presented by the claimant
in person or sent to the clerk by mail.
Who serves the Defendant with summons or process
and how is the defendant served:
Unless service by the sheriff or other authorized person is requested by the plaintiff, the defendant
will be served by mail.
Return of Summons:
Pursuant to the Oklahoma Statutes Title 12 Chapter 36, Section 1755, if
the envelope is returned undelivered and sufficient time remains for making
service, the court clerk will deliver a copy of the affidavit and order
to the sheriff who will serve the defendant. The clerk shall enclose a
copy of the affidavit and the order in an envelope addressed to the defendant
at the address stated in the affidavit, prepay the postage, and mail said
envelope to said defendant by certified mail and request a return receipt
from addressee only. The clerk shall attach to the original affidavit the
receipt for the certified letter and the return card or other evidence
of service of the affidavit and order. If the envelope is returned undelivered
and sufficient time remains for making service, the clerk shall deliver
a copy of the affidavit and order to the sheriff who shall serve the defendant
in the time set in Section 1256 of Title 12, or at the election of the
plaintiff service shall be governed by the provisions of subsection C of
Section 2004 of Title 12.
Removal to another Court:
According to the Oklahoma Statutes Title 12 Chapter 36, Section 1757, on motion of
the defendant, a small claims action may, in the discretion of the court,
be transferred from the small claims docket to another docket of the court,
provided, that the motion is filed and notice is given by the defendant
to the opposing party or parties by mailing a copy of the motion at least
49 hours prior to the time fixed in the order for defendant to appear or
answer; and provided further, that the defendant deposit the sum of $50
as the court cost.
How are hearings scheduled?
The clerk of the court will provide the parties with the procedure to set the case
for trial or hearing at the time the claim is filed.
Subpoena of Witnesses:
If witnesses are required but unwilling to voluntarily attend unless they are subpoenaed,
you may obtain a subpoena issued by the court clerk for service on the
witness. The subpoena is an order for the witness to appear at the hearing
and testify. Some employers may require that an employee be subpoenaed
in order to be excused from work.
Trial Procedures:
The trial procedure is generally more informal than other courts although the formality will vary
from county to county and judge to judge. The case will usually be called
in open court and you will respond that you are present and ready to proceed.
You will then be advised when to present your claim. Be prepared
to present your claim in your own words. Be prepared to question witnesses
if witnesses are needed.
What happens if the defendant does not appear at
trial?
Usually, if the defendant does not appear at trial,
a default judgment will be entered in your favor for the amount of the
claim or other relief.
Judgment:
According to the Oklahoma Statutes Title 12 Chapter 36, Section 1772, judgments for the payment of
money will be processed and collected as follows: incident to the entering
of the judgment and while the parties are still under oath the court may
arrange a judgment satisfaction plan and enter a writ of execution and
the court may secure a listing and description of the judgment debtor's
assets from the judgment debtor in case subsequent attachment of property
becomes necessary to collect an unsatisfied judgment. Forms for an application
and order to appear and answer as to assets and interrogatories to be answered
by the debtor shall be supplied by the court clerk on forms promulgated
by the Director of the Administrative Office of the Courts.
If the judgment debtor fails to satisfy the judgment in accordance
with the judgment satisfaction plan, the judgment creditor shall attempt
to contact the judgment debtor and collect the same. If the judgment debtor
still fails to satisfy the judgment, the judgment creditor may require
the debtor to appear and answer interrogatories regarding assets or request
the issuance of a writ of execution or a garnishment summons on forms provided
by the court clerk.
Appeal:
The losing party may file an appeal from the ruling of the small claims court.
Collection of Judgment:
The judgment creditor may collect judgment by implementing a lien on the judgment debtor's
property. The judgment creditor may also request a writ of execution or
garnishment.
Other Matters:
Are Motions allowed?
Motions are allowed by the parties on a limited basis.
Continuances:
Either party may be granted a continuance for good cause shown.
Out-of-Court Settlement:
If a case is settled before the hearing date, one or both parties should notify the
court clerk as soon as possible so that the hearing can be canceled.
When Payment is Received:
When the judgment has been satisfied, the receiving party must send written notice to the
court that the judgment has been satisfied.
Cross-Claims, Counterclaims, and Third-Party Claims:
The defendant may file a counterclaim against the plaintiff. The plaintiff
must file a verified answer, a copy which must be delivered to the plaintiff
in person, and filed with the clerk of the court not later than 72 hours
prior to the hour set for the first appearance of the defendant. Pursuant
to the Oklahoma Statutes Title 12 Chapter 36, Section 1758, no formal pleading,
other than the claim and notice, shall be necessary, but if the defendant
wishes to state new matter which constitutes a counterclaim or a setoff,
he shall file a verified answer, a copy of which shall be delivered to
the plaintiff in person, and filed with the clerk of the court not later
than 72 hours prior to the hour set for the first appearance of the defendant
in such action. If a claim, counterclaim, or a setoff is filed in an amount
in excess of $4,500.00, the action will be transferred to another docket
of the district court unless both parties agree in writing and file the
agreement with the papers in the action that the claim, counterclaim, or
setoff, will be tried under the small claims procedure.
What happens if a defendant has filed bankruptcy?
If the plaintiff has filed a claim against the defendant and the plaintiff
is aware that the claim is listed as a debt in a bankruptcy proceeding,
federal law prohibits the plaintiff from pursuing the claim in small claims
court.
Common Forms used in Small Claims Court:
Claim Statement/Complaint
Summons
Return of Summons
Answer
Subpoena
Abstract of Judgment
Statutes:
For an extensive review of all statutes which pertain to the Oklahoma
Small Claims process, see the Oklahoma Statutes Title 12 Chapter 36.
For more information on Small Claims procedure in Oklahoma, please
see
http://www.okcourt.com/howdoi.htm.