Okla. Stat. » Title 23 — DAMAGES
Oklahoma Statutes

Okla. Stat. tit. 23, § 6 (2026)

Interest upon damages

✓ current as of July 2026
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Any person who is entitled to recover damages certain, or capable of being made certain by calculation, and the right to recover which is vested in him upon a particular day, is entitled also to recover interest thereon from that day, except during such time as the debtor is prevented by law, or by the act of the creditor from paying the debt. R.L. 1910, § 2848.

Notes of Decisions
Cited in 57 cases (2 in the last 5 years), 1955–2025 · leading case: Taylor v. State Farm Fire & Cas. Co., 1999 OK 44 (Okla. 1999).
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Taylor v. State Farm Fire & Cas. Co., 1999 OK 44 (Okla. 1999). · cites it 9× “Prejudgment interest on an insured property-loss recovery — as an additional item of damages to the insured — is authorized by the terms of § 3629(B), to be construed together with those of 23 O.S.1991 § 6, 5 whenever (a) the insured is the prevailing party and (b) the damages…”
Heiman v. Atl. Richfield Co., 891 P.2d 1252 (Okla. 1995). · cites it 11× “The statute relied on by the trial court, 23 O.S. § 6, only applies to claims for ascertainable or liquidated amounts.”
Badillo v. Mid Century Ins. Co., 2005 OK 48 (Okla. 2005). · cites it 2× “[25] 23 O.S.2001, § 6 provides in full: Any person who is entitled to recover damages certain, or capable of being made certain by calculation, and the right to recover which is vested in him upon a particular day, is entitled also to recover interest thereon from that day,…”
Withrow v. Red Eagle Oil Co., 755 P.2d 622 (Okla. 1988). · cites it 3× “” Appellants’ principal contention is that appellees’ award of loss of use damages constitutes an impermissible award of prejudgment interest in derogation of 23 O.S.1981 § 6. Section 6 provides: “Any person who is entitled to recover damages certain, or capable of being made…”
Harrell v. Samson Resources Co., 1998 OK 69 (Okla. 1998). · cites it 3× “Upon motion by plaintiffs, the trial court awarded plaintiffs prejudgment interest, under 23 O.S. § 6, at the rate of 12% per annum set out in 52 O.”
Frank v. Allstate Ins. Co., 727 P.2d 577 (Okla. 1986). · cites it 4× “According to 23 O.S.1981 § 6, [10] the measure of damages for breach of an obligation not arising from contract is the amount which will compensate for all detriment proximately caused thereby.”
Dewey v. State Ex Rel. Oklahoma Firefighters Pension & Ret. Sys., 2001 OK 40 (Okla. 2001). · cites it 2× “VI CLASS FAILED TO MEET THE STATUTORILY-DECLARED PRECONDITION FOR RECEIPT OF PREJUDGMENT INTEREST AND, HENCE, IS NOT ENTITLED TO RECEIVE THE SAME ¶ 21 Board contests the district court's award of prejudgment interest under the provisions of 23 O.S.1991 § 6. [34] In Oklahoma it…”
McDonald v. Humphries, 810 P.2d 1262 (Okla. 1991). · cites it 3× “Title 23 O.S.1981 § 6 provides: "Any person who is entitled to recover damages certain, or capable of being made certain by calculation, and the right to recover which is vested in him upon a particular day, is entitled also to recover interest thereon from that day, except…”
Chellen v. John Pickle Co., Inc., 446 F. Supp. 2d 1247 (N.D. Okla. 2006). · cites it 2× “However, prejudgment interest may be awarded on damages for fraud and deceit under Okla. Stat. tit. 23, §§ 6 , 7; see Okland Oil Co.”
Potter v. Synerlink Corp., 562 F. App'x 665 (10th Cir. 2014). · cites it 2× “” Okla. Stat. tit. 23, § 6 . Ms. Potter asserts payment of her commissions was due—and thus prejudgment interest began accruing—on June 15, 2007, the first payday following her termination.”
Bird Constr. Co. v. Oklahoma City Hous. Auth., 2005 OK CIV APP 12 (Okla. Civ. App. 2004). · cites it 2× “23 O.S.2001 § 6. The issue, then, is whether Bird’s contract damages were certain or capable of being made certain before trial.”
Smith v. Owens, 397 P.2d 673 (Okla. 1964). · cites it 2× “An examination of the briefs filed in the case disclose that defendants were relying on a construction of Title 23 O.S.1961 § 6, which relates to interest when damages are certain, or capable of being made certain by calculation.”
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