Chapter 36: Small Claims Procedure Act · Last amended November 1, 2002 · Last verified August 3, 2026
A. Actions under the small claims procedure as described in paragraphs 1 and 2 of subsection A of Section 1751 of this title shall be initiated by plaintiff or plaintiff's attorney filing an affidavit in substantially the following form with the clerk of the court:
In the District Court, County of _______________,
State of Oklahoma.
____________________
Plaintiff
vs. Small Claims No. ___________
____________________
Defendant
STATE OF OKLAHOMA )
) ss.
COUNTY OF________________ )
____________________, being duly sworn, deposes and says:
That the defendant resides at ________________________________, in the above-named county, and that the mailing address of the defendant is ______________________________________________________.
That the defendant is indebted to the plaintiff in the sum of $______for __________, that plaintiff has demanded payment of the sum, but the defendant refused to pay the same and no part of the amount sued for has been paid, or
That the defendant is wrongfully in possession of certain personal property described as _____________________________________ that the value of the personal property is $______, that plaintiff is entitled to possession thereof and has demanded that defendant relinquish possession of the personal property, but that defendant wholly refuses to do so.
_____________________________________________
Subscribed and sworn to before me this _____day of __________, 20__.
_____________________________________________
Notary Public (or Clerk or Judge)
My Commission Expires:
_____________________________________________
On the affidavit shall be printed:
ORDER
The people of the State of Oklahoma, to the within-named defendant:
You are hereby directed to appear and answer the foregoing claim and to have with you all books, papers, and witnesses needed by you to establish your defense to the claim.
This matter shall be heard at ____________________(name or address of building), in _______________, County of _______________, State of Oklahoma, at the hour of _____o'clock of the _____day of __________, 20__.
And you are further notified that in case you do not so appear judgment will be given against you as follows:
For the amount of the claim as it is stated in the affidavit, or for possession of the personal property described in the affidavit.
And, in addition, for costs of the action (including attorney fees where provided by law), including costs of service of the order.
Dated this _____day of __________, 20__.
_____________________________________________
Clerk of the Court (or Judge)
B. Actions under the small claims procedure as described in paragraph 3 of subsection A of Section 1751 of this title shall be initiated by plaintiff or plaintiff's attorney filing an affidavit in substantially the following form with the clerk of the court:
In the District Court, County of ______________________,
State of Oklahoma. vs. Small Claims No. ___________ ____________________ Plaintiff ) ) ss. ____________________ Defendant ____________________ Defendant STATE OF OKLAHOMA
COUNTY OF________________ ) ________________________, being duly sworn, deposes and says: That, ______________________, the defendant resides at _______________________, in the above-named county, and that the mailing address of the defendant is __________________________. That, ______________________, the defendant resides at _______________________, in the above-named county, and that the mailing address of the defendant is __________________________. That the plaintiff has custody or possession of money in the amount or value of $________, held pursuant to the following: _____________________________________________ _____________________________________________ That the defendants claim or may claim to be entitled to the money. That the plaintiff deposits herewith into the court $________, which equals the amount of the money to be invested in accordance with the order of the court and that the plaintiff will abide with the judgment of the court as to the final disposition thereof. _____________________________________________ Subscribed and sworn to before me this __ day of ____, 20__. Notary Public (or Clerk or Judge) My Commission Expires: _____________________________________________ On the affidavit shall be printed: ORDER The people of the State of Oklahoma, to each of the within-named defendants: You are hereby directed to appear and answer the foregoing claim and to have with you all books, papers, and witnesses needed by you to establish your claim to the money. This matter shall be heard at ____________(name or address of building), in __________, County of __________, State of Oklahoma, at the hour of ______o'clock of the ______day of __________, 20__. And you are further notified that in case you do not so appear judgment will be given against you as follows: Determining or foreclosing your claim to the above-described money as well as the disposition thereof. And, in addition, for costs of the action, including attorney fees where provided by law, and including costs of service of the order. Dated this ______day of __________, 20__. ______________________ Clerk of the Court (or Judge)
Amended by Laws 1982, SB 588, c. 142, §2, eff. 10/1/1982; Amended by Laws 2000, SB 1332, c.
380, §2, eff. 11/1/2000; Amended by Laws 2002, HB 1939, c. 468, §10, emerg. eff. 11/1/2002.
Section 1753 supplies the forms that start a small claims case. For a money claim or a replevin action (the two categories in Section 1751), the plaintiff or the plaintiff's attorney files an affidavit stating the debt or the property in dispute, sworn before a notary, clerk, or judge. Printed on the same document is an order directing the defendant to appear with any books, papers, and witnesses needed to defend, and warning that a default will produce a judgment for the amount claimed, or for possession of the property, plus costs.
Interpleader actions use a different form. Because the plaintiff there is holding money that multiple defendants may claim, the affidavit describes the money, states that the plaintiff is depositing it with the court, and orders each defendant to appear and establish a claim to it -- with the same default consequence of losing the right to contest how the money gets divided.