However, the judge is required by law to apply evidence rules even in small claims cases. Even in those counties where the small claims docket is a very busy docket, the judges strive to simplify procedures for unrepresented parties. Judges are required to make the small claims procedure informal. There is no requirement to be represented by an attorney. An individual may be self-represented in small claims a company may be represented by an officer or full-time employee. Either party may use an attorney even if the other side does not.Ī: No. All parties are entitled to be represented by an attorney in every case in state court in Oklahoma. A person who is in jail or prison cannot be a small claims plaintiff.Ī: Of course. However, no action may be brought under small claims procedure by any collection agency or collection agent or any assignee of a claim except under certain circumstances. Any company that may otherwise bring a lawsuit in Oklahoma may use the small claims procedure. The person must pay the filing fee prescribed by law.
Anyone seeking to use small claims will be limited to a recovery of $10,000. If a plaintiff files a small claims lawsuit and is unable to locate the defendant, it may take two to three months before the judgment is rendered by the court.Ī: Anyone who has a claim against another in Oklahoma may use the small claims procedure. However, a defendant must be properly served with the lawsuit in both small claims and regular civil lawsuits. Small claims cases are required by law to be heard not more than 60 days after the claim is filed. It can take more than a year for a regular civil case to come to trial. The terms are also available online at Q: Is this quicker than regular or bigger cases?Ī: Yes. Court clerks in almost all counties have the required forms available. The Legislature has provided that there be no pleadings in small claims except those needed to state the claim or counterclaim.
Small Claims Court is not available for actions claiming libel or slander.Ī: The small claims procedure was introduced to allow citizens to bring claims before a judge quickly. The court clerk in your county can help you with small claims matters. A: An action for recovery of money based on breach of contract, for injuries or to recover personal property may be brought in Small Claims Court if the plaintiff is willing to accept a recovery that does not exceed $10,000.
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