§ 1758.Counterclaim Or Setoff By Verified Answer

Chapter 36: Small Claims Procedure Act · Last amended November 1, 1995 · Last verified August 3, 2026

In one sentenceLets a small claims defendant raise a counterclaim or setoff only by filing a verified answer in the statutory form and personally delivering a copy to the plaintiff at least 72 hours before the defendant's scheduled first appearance.

Full Text of § 1758

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No formal pleading, other than the claim and notice, shall be necessary, but if the defendant wishes to state new matter which constitutes a counterclaim or a setoff, he shall file a verified answer, a copy of which shall be delivered to the plaintiff in person, and filed with the clerk of the court not later than seventy-two (72) hours prior to the hour set for the first appearance of said defendant in such action. Such answer shall be made in substantially the following form:

COUNTERCLAIM OR SETOFF

In the District Court,

County of _______________,

State of Oklahoma.

____________________

Plaintiff

vs. Small Claims No. _________

____________________ Defendant

Claim of defendant.

STATE OF OKLAHOMA ) ) ss

COUNTY OF _____________ )

STATE OF OKLAHOMA

)

COUNTY OF _____________

)

__________, being first duly sworn, deposes and says: That said plaintiff is indebted to said defendant in the sum of $________for _______, which amount defendant prays may be allowed as a claim against the plaintiff herein.

________________________________________________

Subscribed and sworn to before me this _____day of _____, 19__.

________________________________________________

Notary Public (or Clerk or Judge)

Amendment History

Added by Laws 1968, SB 536, c. 322, §8, eff. 1/13/1969; Amended by Laws 1985, SB 129, c. 284, §2, eff. 11/1/1985; Amended by Laws 1995, SB 404, c. 136, §2, eff. 11/1/1995.

Plain-English Summary

Section 1758 keeps small claims pleading simple: beyond the claim and the notice, no formal pleading is required. But a defendant who wants to raise new matter as a counterclaim or setoff has to file a verified answer -- sworn under oath, in the statutory form -- and personally deliver a copy to the plaintiff. That filing and delivery must happen at least 72 hours before the hour set for the defendant's first appearance.

Frequently Asked Questions

Do I need to file a written answer to defend a small claims case?

No -- the statute says no formal pleading beyond the claim and notice is necessary, unless you want to raise a counterclaim or setoff.

How do I bring a counterclaim in Oklahoma small claims court?

File a verified answer in the statutory form and personally deliver a copy to the plaintiff, at least 72 hours before your scheduled first appearance.

Does my counterclaim have to be sworn under oath?

Yes -- Section 1758 requires it to be filed as a verified answer, and the statutory form has it sworn before a notary, clerk, or judge.

Who has to receive a copy of my counterclaim, and when?

A copy has to be delivered to the plaintiff in person, filed with the clerk no later than 72 hours before the defendant's first scheduled appearance.

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

Also known as: counterclaim small claims oklahomahow to countersue in small claims court oklahoma72 hour deadline small claims answer12 O.S. § 1758