Okla. Stat. tit. 12, § 12-1751
This is the official text of Okla. Stat. tit. 12, § 12-1751, part of Oklahoma’s Stat. tit. 12, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 12,." Browse the sections below, each linked to its official government source.
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Suits authorized under small claims procedure
Official statutory text
A. The following suits may be brought under the small claims
procedure:
Oklahoma Statutes - Title 12. Civil Procedure Page 328
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.
Oklahoma Statutes - Title 12. Civil Procedure Page 329
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.
procedure:
Oklahoma Statutes - Title 12. Civil Procedure Page 328
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.
Oklahoma Statutes - Title 12. Civil Procedure Page 329
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.
Status: in_force · Read it on the official government site
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