Oklahoma Small Claims Court Records

What Is a Small Claims Court in Oklahoma?

The small claims court system in Oklahoma was set up to help private entities resolve legal disputes speedily before a judge. The court allows people to recover small sums of money without hiring a lawyer or going through complex civil litigation. The small claims court can achieve this because of its informal proceedings that make justice more accessible and easily navigable for regular citizens. The small claims department in the Oklahoma court system addresses legal disputes that fall within two main categories: disputes surrounding rental property and disputes that involve claims for damages or payment of money. Property disputes addressed in the small claims court include:

Tenants eviction
Execution of a granted/permitted eviction order
Vacate order
Stay of eviction order
Continuance of court action
Actions to retrieve personal property (replevin)
Claim for compensation and damages

The court also settles disputes involving claims for damages or payment of money $10,000 or less. These include:

Breach of contract
Tort or personal injury claims
Unpaid bills
Garnishment
Counterclaims

However, this court does not address civil actions claiming libel, slander, punitive damages, family matters, probate matters, or professional malpractice.

How Does the Oklahoma Small Claims Court Work?

Oklahoma's small claims court is less formal and less expensive than other state courts. As a result, anyone can bring a claim in this court to recover property or obtain a monetary judgment, provided the claim is for $10,000 or less.

Private individuals, business partnerships, businesses, government entities, and minors are eligible to file small claims actions in Oklahoma. These parties may also choose to file their claims on the regular civil docket, but the expenses will be higher, and it may take more time to obtain a judgment.

Compared to other civil court procedures, cases handled in small claims courts are promptly concluded. By law, small claims proceedings must be heard within 60 days of a filing. In contrast, regular civil cases can take more than a year to reach trial.

Judges typically hear small claims proceedings. However, unlike most small claims courts in the United States, small claims litigants in Oklahoma have a conditional right to a jury trial. A judge will hear and resolve the matter if the claim or counterclaim (if filed) is less than $1,500. If the claim or counterclaim is over $1,500, the right to a jury trial may be activated by request. An interested party must request a jury trial at least 72 hours before the trial date and pay the required fees to cover juror costs. Otherwise, the case will be heard by a judge.

Although the small claims court processes are simplified and less complicated, all case parties have the right to be represented by an attorney. However, individual claimants may self-represent, while businesses, companies, or corporations may be represented by full-time employees, as there is no necessity to be represented by an attorney. Regardless of representation, state evidence laws apply in small claims proceedings. As a result, parties must be familiar enough with their case and the limitations on using evidence to ensure that they can present their case effectively.

Finally, parties in a small claims action have the right to appeal the court's decision if it is unfavorable to them.

How to Take Someone to Small Claims Court in Oklahoma

Taking someone to a small claims court in Oklahoma means filing a civil action against them in court. Because of the high volume of civil claims in Oklahoma courts, parties in civil litigations are encouraged to try to resolve their legal disputes outside the court. Here, all that is required is the judge's approval of the settlement. A lawsuit may be filed in an Oklahoma small claims court if the parties cannot settle.

It's crucial to note that where a small claims case is filed and initiated is important to resolving the claim. If the lawsuit is filed in the wrong court, it could be dismissed. Small claims cases in Oklahoma can be filed in the county where:

The defendant resides or works.
The accident or breach happened.
A claim arose.
The property is located (for property disputes).

Before filing a claim

Before starting a small claims case, the entity initiating the case (the plaintiff) must first obtain the following information:

The legal name of the person/entity to be sued.
The defendant's address where the sheriff or process server may deliver the notice of claim.
The reason for the claim.
The amount of the claim.
A demand on the defendant to pay the amount owed or return property. This is very important because a cause of action only arises when a demand is made.
Evidence of the claim, including witnesses that will substantiate the claim.

Filing the claim

The filing party may obtain and complete the petition papers (affidavit) from the court clerk's office. The affidavit is a sworn declaration that the defendant owes money or property. It also includes an order demanding the defendant's presence in court. In the affidavit, the plaintiff must disclose their name and address, the defendant's name and address, and the claim value. The plaintiff must also pay the required filing fee to submit this affidavit.

The appropriate filing fee for a case is determined by how much the plaintiff claims. If the requested amount is up to $1500, the charge is $30. The filing fee is $58 if the plaintiff claims more than $1,500 but less than $5,000. The filing fee for claims exceeding $5,000 is $191.64. Plaintiffs who cannot afford these costs can request a fee waiver with a "Pauper's Affidavit."

Service

The service of process is determined by whether the plaintiff is suing a business or a person:

If the defendant (the party being sued) is a person, the papers must be delivered to the individual directly or to a person who resides with them and is at least 15 years old.
If the defendant is a business, the papers must be served on the individual who owns the entity.
If the defendant is a corporation, the plaintiff must name the corporation as a defendant in the claim. The plaintiff may serve the entity by mailing the papers to the company's "registered service agent" by certified mail. The agent's name and address can be obtained for $5 by calling the Oklahoma Secretary of State's office at (405) 522-4563 or using their registered business/business entity search tool.

Before the court can evaluate a case on its merits, the defendant must be served with a copy of the filed claim by mail, the county sheriff, or a private process server. While the cost of serving through process servers may vary, service through the county sheriff is $50. The court clerk will fix a date and time for the trial after the suit is filed. The hearing date is usually within 10 to 60 days after the filing date. The defendant must be served within 7 days of the court date. If the plaintiff does not finish service within 180 days, the court will dismiss the action, and the plaintiff may be required to pay another filing fee to begin the process all over again.

After receiving the notice, the plaintiff must prepare for the possibility that the opposing party could file a counterclaim. The counterclaim, also known as a counter-affidavit, is the defendant's response to the plaintiff's original claim. With it, the defendant argues that the plaintiff owes them money and that they are willing to bring evidence that they do not owe the requested sum to the plaintiff.

How Much Can You Sue For in Oklahoma Small Claims Court?

Before November 1, 2017, claimants initiating small claims actions in an Oklahoma small claims court could only ask for up to $7,500. Today, plaintiffs filing small claims actions can recover up to $10,000 in the small claims court.

How to Defend Yourself in Oklahoma Small Claims Court

A named defendant has the right to take any of the following actions after service:

File a counterclaim against the plaintiff at least 72 hours before the hearing. However, this is only possible when the defendant was sued for money and property, not eviction. The filing fee for a counterclaim is $20.
Request that the case be transferred from small claims court to the district court. This motion must be filed at least 48 hours before the scheduled hearing with the appropriate fees.

The counterclaim will be heard alongside the original claim, and the court will render a decision in both cases. For a small claims case to be transferred to the civil docket, the plaintiff must have sued for a sum greater than the court's jurisdictional limit ($10,000). However, in exceptional cases, the court may transfer the case even if the amount in controversy is less than $10,000.

Both parties (plaintiff and defendant) will be allowed to present their evidence before the court judge at the hearing, with/without an attorney. Afterward, the judge or jury will rule on the case and determine who must pay and how much. If any party is disappointed with the court's decision, they may appeal to the Oklahoma Supreme Court. The appealing party must file the appeal within thirty days of receiving the written order.

How Long Do You Have to Take Someone to Small Claims Court in Oklahoma?

Parties who want to settle a legal issue in an Oklahoma small claims court do not have an indefinite time to file the claim. They must initiate the action within the statute of limitations applicable to the specific case they plan to pursue. This time limit differs by the type of civil action. For instance, the Oklahoma statute of limitations for oral contracts is two years, five years for written agreements, and two years for property damage and personal injury cases. Failure to file within the specified time will result in the plaintiff losing the right to sue.

In most civil proceedings, the statute of limitations begins to run from when the occurrence happens, but it can stop and restart in certain situations. For example, a personal injury statute will not begin to run until a minor reaches eighteen.

What Happens If You Don't Show Up for Small Claims Court in Oklahoma?

If a plaintiff or defendant fails to appear in court on a scheduled hearing date, the court will likely impose a default judgment against the absent party. If the opposing party has a lawyer, the judge may add court expenses and attorney fees to the default judgment.

If a sued party fails to appear in court, the plaintiff is entitled to a default judgment. Nonetheless, the plaintiff must demonstrate to the court that their claim is accurate and valid. Typically, the judge will ask questions regarding the case to determine the claim's legitimacy. If validity is asserted, the court will enter a judgment in the amount requested by the plaintiff, which may include the expenses of filing the action.

In cases where the defendant was not properly served, the plaintiff will not be entitled to a default judgment, but the court will allow them to serve the defendant again. Plaintiffs that miss their court dates will likely have their claims dismissed.

What are Small Claims Court Records in Oklahoma?

Small claims court records in Oklahoma usually include all records created while resolving a legal dispute in the small claims court. The court begins compiling these records from when a case is filed and up until the court enters a judgment or declares the matter closed.

Small claims court records often contain all petitions, counterclaims, and service papers filed by both parties. Photographs, recordings, checks, contracts, and other documents submitted as evidence at the court hearing may also be included.

A court reporter's full report or transcript is not always included in these records. This is because it is not a requirement for these proceedings. However, if a party requires a verbatim record or transcript of a proceeding, they must request at least 2 days before the trial.

Per an appeal, these verbatim reports or transcripts usually serve as references to what was done during an original hearing. Most parties do not make this request because it is normally executed with a fee. However, the appellate court adopts a method for appealing based on a written description of the proceedings if court transcripts are unavailable.

Where Can I Find Small Claims Court Records in Oklahoma?

In general, Oklahoma court records are available for inspection and copying in the state court system. Therefore, individuals interested in acquiring small claims court records may go to the specific district court where the case was addressed. The clerk's office can provide copies of the required court files and documents.

Individuals can also obtain these records online through the Oklahoma State Courts Network web portal. They can search the database based on several parameters: the filing court, case type, case date range (when it was filed and closed), case party's name, and case number.