Small claims forms · Oklahoma

Oklahoma small claims court forms

Vera can't fill Oklahoma's small claims forms yet. Here is what the court provides and what to know; Vera still helps you organize your case, deadlines and evidence.

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To sue (you're the plaintiff)

The claim is filed on the small claims docket of the district court. It may be for money on a contract or tort (not libel or slander), or to recover personal property, where the amount "exclusive of attorney fees and other court costs, does not exceed Ten Thousand Dollars ($10,000.00)". A collection agency, collection agent, or assignee of a claim may not use the small claims procedure (12 O.S. § 1751(A), (B)).
Oklahoma has no statewide small claims claim form; the courts' forms index lists only an order transferring a case from small claims to the civil docket. The claim is a sworn affidavit "in substantially the following form" set out in the statute, stating that the defendant resides in the county, and it must include "a statement acknowledging that the plaintiff is disclaiming a right to a trial by jury". The claimant prepares it or, on request, the clerk "shall draft the same"; it may be presented in person or mailed to the clerk (12 O.S. §§ 1751(F), 1753(A), 1754; oscn.net, Administrative Office of the Courts Downloadable Forms).
A claim on an open account, a note, or another instrument of indebtedness may also be filed in the county where the debt was contracted or the note given. The filing fee is "Forty-five Dollars ($45.00)" for an action of $5,000 or less; a larger action pays the district court fees for the same kind of action, and sheriff or process server fees are taxed as costs (12 O.S. §§ 1752B, 1764).
The clerk fills in and signs the order printed on the affidavit, setting an appearance date 10 to 60 days away, and tells the plaintiff the date. Unless the plaintiff asks for the sheriff or another authorized person, the clerk mails the affidavit and order by certified mail, return receipt from addressee only; if it comes back undelivered, the sheriff serves it or the plaintiff may elect service under 12 O.S. § 2004(C). The order must be served at least seven days before the appearance date (12 O.S. §§ 1754, 1755, 1756).
The plaintiff or the plaintiff's attorney may file. A corporation, limited liability company, partnership, trust, or other legal entity "may appear by and through a corporate officer, member, manager, partner, trustee, or regular full-time employee" (12 O.S. §§ 1751(G), 1753(A)).
For a residential security deposit: the landlord returns the balance "within forty-five (45) days after the termination of tenancy, delivery of possession and written demand by the tenant", with a written itemized statement of what is kept. If the tenant makes no written demand within six months after the tenancy ends, the deposit reverts to the landlord. If the landlord does not comply, the tenant may recover the deposit (41 O.S. § 115(B), (E)).

If you were sued (you're the defendant)

"No formal pleading, other than the claim and notice, shall be necessary." The order directs the defendant "to appear and answer the foregoing claim and to have with you all books, papers, and witnesses needed by you to establish your defense", and warns that "in case you do not so appear judgment will be given against you" for the claim and costs (12 O.S. §§ 1753(A), 1758).
A counterclaim or setoff needs a verified answer in the form set out in the statute. A copy is delivered to the plaintiff in person, and it is filed with the clerk "not later than seventy-two (72) hours prior to the hour set for the first appearance" of the defendant (12 O.S. § 1758).
The case is tried to the court without a jury unless the claim, counterclaim, or setoff exceeds $1,500 and a party wants a jury. A party who wants a jury or a reporter notifies the clerk in writing "at least two (2) working days before the date set for the defendant's appearance" and deposits $50 (12 O.S. § 1761).
The only statewide small claims form is the judge's "Order Directing Transfer From Small Claims Docket to Civil Docket" (AOC Form 33), entered after the court hears a defendant's motion to transfer the case to the civil docket (oscn.net, Transfer From Small Claims to Civil Docket).
A defendant may appear alone or with an attorney. A corporation, limited liability company, partnership, trust, or other legal entity "may appear by and through a corporate officer, member, manager, partner, trustee, or regular full-time employee" (12 O.S. § 1751(G)).

Checked against the court's own forms and rules. Courts change forms; check with the clerk before you file. This page is general information, not legal advice.