§ 1751.Suits Authorized Under Small Claims Procedure
Chapter 36: Small Claims Procedure Act · Last amended November 1, 2024 · Last verified August 3, 2026
In one sentenceLists which small claims suits are allowed -- contract and tort claims, replevin, and interpleader actions up to $10,000 -- while barring collection agencies and incarcerated plaintiffs from using the procedure and letting business entities appear through an authorized representative.
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.
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.
Amendment History
Amended by Laws 2024, c. 108, s. 1, eff. 11/1/2024.
Amended by Laws 2019, c. 39, s. 1, eff. 11/1/2019.
Amended by Laws 2017, c. 389, s. 1, eff. 11/1/2017.
Added by Laws 1968, SB 536, c. 322, § 1; Amended by Laws 1969, SB 304, c. 279, § 1; Amended by Laws
1971, HB 1105, c. 339, §1, eff. 10/1/1971; Amended by Laws 1976, HB 1819, c. 253, §1, eff. 10/1/1976;
Amended by Laws 1981, HB 1120, c. 240, §1, eff. 10/1/1981; Amended by Laws 1982, SB 588, c. 142, §1;
Amended by Laws 1983, HB 1002, c. 30, § 1, eff. 11/1/1983; Amended by Laws 1989, HB 1085, c. 81, §1,
eff. 11/1/1989; Amended by Laws 1992, HB 1952, c. 35, §1, eff. 9/1/1992; Amended by Laws 1995, SB 404,
c. 136, § 1, eff. 11/1/1995; Amended by Laws 2002, HB 2416, c. 402, §5, emerg. eff. 7/1/2002(repealed by
Laws 2003, HB 1816, c. 3, §14, emerg. eff. 3/19/2003); Amended by Laws 2002, HB 1939, c. 468, §9,
emerg. eff. 11/1/2002; Amended by Laws 2003, HB 1816, c. 3, §13, emerg. eff. 3/19/2003; Amended by
Laws 2004, HB 2106, c. 70, §1, eff. 11/1/2004; Amended by Laws 2012, SB 1196, c. 282, §1, eff. 11/1/2012.
Note
Laws 2002, c. 402, § 5 repealed by Laws 2003, c. 3, § 14, emerg. eff. March 19, 2003.
Plain-English Summary
Section 1751 opens the Small Claims Procedure Act by defining what kinds of cases qualify. A plaintiff can bring a contract or tort claim (except libel or slander) worth up to $10,000, a replevin action to recover personal property worth up to $10,000, or an interpleader action over money worth up to $10,000 -- and claims for money and property can be joined as long as the combined total stays under that cap.
The section also fences off who can use small claims court. Collection agencies, collection agents, and assignees of a claim can't bring an action here, with one exception: a health care provider who is an assignee of accident and health insurance benefits can sue an insurer or third-party administrator. A currently incarcerated plaintiff can't sue anyone under this procedure, and no claim tied to someone's incarceration, probation, parole, or community supervision can be brought against a city, county, state agency, or their employees. Filing the small claims affidavit means giving up the right to a jury trial on the merits, and attorney fees in uncontested cases are capped at 10% of the judgment, or up to 25% if the court approves a documented request.
Businesses don't need a lawyer to appear. A corporate officer, member, manager, partner, trustee, or regular full-time employee can sign the affidavit and represent the entity just as an individual would represent themselves -- a rule that also covers forcible entry and detainer cases placed on the small claims docket.
Frequently Asked Questions
How much can I sue for in Oklahoma small claims court?
Up to $10,000, exclusive of attorney fees and other court costs, for a contract or tort claim, a replevin action, or an interpleader action -- though libel and slander claims are excluded entirely.
Can a collection agency use small claims court to collect a debt?
No. Section 1751 bars collection agencies, collection agents, and assignees of a claim from small claims court, with one exception: a health care provider who is an assignee of accident and health insurance benefits can sue an insurer or third-party administrator.
Do I give up my right to a jury trial by filing in small claims court?
Filing the small claims affidavit requires a statement acknowledging that the plaintiff is disclaiming the right to a jury trial on the merits of the case.
Can an incarcerated person file or be sued in small claims court?
A currently incarcerated plaintiff can't sue anyone under this procedure, and no claim arising from someone's incarceration, probation, parole, or community supervision can be brought against a city, county, or state agency or its employees.
Can a business represent itself in small claims court without a lawyer?
Yes. A corporation, LLC, partnership, trust, or other entity can appear through an officer, member, manager, partner, trustee, or regular full-time employee, who can sign the affidavit and proceed just like an individual representing themselves -- this also applies to forcible entry and detainer cases on the small claims docket.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
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