Okla. Stat. » Title 12 — CIVIL PROCEDURE
Oklahoma Statutes

Okla. Stat. tit. 12, § 1751 (2026)

Suits authorized under small claims procedure

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A. The following suits may be brought under the small claims procedure:

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.

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. Added by Laws 1968, c. 322, § 1, eff. Jan. 13, 1969. Amended by Laws 1969, c. 279, § 1, emerg. eff. April 25, 1969; Laws 1971, c. 339, § 1, eff. Oct. 1, 1971; Laws 1976, c. 253, § 1, eff. Oct. 1, 1976; Laws 1981, c. 240, § 1, eff. Oct. 1, 1981; Laws 1982, c. 142, § 1; Laws 1983, c. 30, § 1, eff. Nov. 1, 1983; Laws 1989, c. 81, § 1, eff. Nov. 1, 1989; Laws 1992, c. 35, § 1, eff. Sept. 1, 1992; Laws 1995, c. 136, § 1, eff. Nov. 1, 1995; Laws 2002, c. 468, § 9, eff. Nov. 1, 2002; Laws 2003, c. 3, § 13, emerg. eff. March 19, 2003; Laws 2004, c. 70, § 1, eff. Nov. 1, 2004; Laws 2012, c. 282, § 1, eff. Nov. 1, 2012; Laws 2017, c. 389, § 1, eff. Nov. 1, 2017; Laws 2019, c. 39, § 1, eff. Nov. 1, 2019; Laws 2024, c. 108, § 1, eff. Nov. 1, 2024. NOTE: Laws 2002, c. 402, § 5 repealed by Laws 2003, c. 3, § 14, emerg. eff. March 19, 2003.

Notes of Decisions
Cited in 21 cases (1 in the last 5 years), 1969–2022 · leading case: Eskridge v. Ladd, 811 P.2d 587 (Okla. 1991).
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Eskridge v. Ladd, 811 P.2d 587 (Okla. 1991). · cites it 10× “[1] See 12 O.S.Supp. 1983 § 1751, whose pertinent terms provide: "The following suits may be brought under the small claims procedure: "1.”
Patterson v. Beall, 2000 OK 92, 19 P.3d 839. · cites it 3× “(Rule 13), inconsistent with the purpose of the Small Claims Procedure Act, 12 O.S. § 1751 et seq. —namely, the efficient and prompt disposition of small claims? [1] We may review claims which relate to alleged deprivations of due process of law despite a failure to preserve…”
Carter v. Gullett, 602 P.2d 640 (Okla. 1979). · cites it 3× “[1] 12 O.S.Supp. 1978 § 1751. [2] All other statutory citations to Title 12 will be by reference to the section with the title number omitted.”
McDaneld v. Lynn Hickey Dodge, Inc., 1999 OK 30, 979 P.2d 252. “12 O.S.1991 §§ 1751 etseq. 6 . To its dismissal motion car dealer attached several exhibits.”
Soldan v. Stone Video, 1999 OK 66, 988 P.2d 1268. “Any action brought under the Small Claims Procedure Act, 12 O.S.1991 §§ 1751 et seq., may be heard by any district court judge.”
Peterson v. Lampert, 499 F. App'x 782 (10th Cir. 2012). “2000); see also Okla. Stat. tit. 12, § 1751 (A)(2) (2012).”
Black v. Littleton, 532 P.2d 486 (Okla. Civ. App. 1975). “This intent is evidenced by the fact that actions brought under the Small Claims Act, 12 O.S.1971, § 1751 et seq., may be heard by any judge of the district court; the judgment is a judgment of the district court and appeals are taken directly to the Supreme Court.”
Royalpark-Moore v. Hubbard, 508 P.2d 1064 (Okla. 1973). “12 O.S.1971, § 1751, provides that certain actions may be brought under the Small Claims Procedure Act where the amount sought to be recovered, exclusive of attorney’s fees and other court costs, does not exceed $400.”
Oklahoma Orthopedic & Arthritis Found., Inc. v. Millstead, 666 P.2d 242 (Okla. Civ. App. 1983). “The Small Claims Procedure Act, 12 O.S.1981 § 1751, et seq., requires a small claims action to be “initiated by plaintiff or his attorney filing an affidavit .”
Meng v. Rahimi, 505 P.3d 926 (Okla. 2022). “¶14 This forcible entry and detainer action was filed in small claims court and is governed by the Small Claims Procedure Act, 12 O.S.2011 §§ 1751 Johnson v. Scott , 1985 OK 50 702 P.”
Patterson v. Beall, 1997 OK CIV APP 64, 947 P.2d 617. “¶ 1 Plaintiff/Appellee Jerry Patterson filed an affidavit against Defendants/Appellants Lonnie Beall and his wife, Bernice Beall, pursuant to the Small Claims Procedure Act (SCPA), 12 O.S.Supp.1995 § 1751 et seq., claiming the Bealls were indebted to him for $4,500 for breach of…”
Prudential Mgmt. Co. v. Allen, 554 P.2d 1365 (Okla. 1976). “Chronologically, petitioners commenced an action under the Small Claims Procedure Act, 12 O.S.1971, § 1751, et seq., in the Small Claims Divisions of the Oklahoma County District Court on March 4, 1976, to recover $283.”
Show all 21 citing cases →
Okla. Stat. tit. 12, § 1751(C): 1 case
Cedar Creek I v. Smith, 2013 OK CIV APP 74, 307 P.3d 412.
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