No attachment or prejudgment garnishment shall issue in any suit under the small claims procedure. Proceedings to enforce or collect a judgment rendered by the trial court in a suit under the small claims procedure shall be in all respects as in other cases; provided, however, judgments, other than default judgments, for the payment of money may be enforced or collected as prescribed in Section 4 of this act. No depositions shall be taken or interrogatories or other discovery proceeding shall be used under the small claims procedure except in aid of execution. No new parties shall be brought into the action, and no party shall be allowed to intervene in the action.
§ 1760.Attachment Or Garnishment - Depositions - Interrogatories - New Parties - Intervention
Chapter 36: Small Claims Procedure Act · Last amended November 1, 1988 · Last verified August 3, 2026
In one sentenceBars prejudgment attachment or garnishment and most discovery in small claims cases, allows depositions and interrogatories only to aid execution of a judgment already won, and prohibits bringing in new parties or letting anyone intervene.
Full Text of § 1760
Amendment History
Laws 1968, SB 536, c. 322, § 10, eff. 1/13/1969; Amended by Laws 1970, HB 1774, c. 211, § 1; Amended by Laws 1971, HB 1105, c. 339, §3, eff. 10/1/1971; Amended by Laws 1988, HB 1748, c. 78, §1, eff. 11/1/1988.
Plain-English Summary
Section 1760 draws firm limits around small claims litigation. No attachment or prejudgment garnishment can issue in a small claims suit, and no depositions, interrogatories, or other discovery can be used, except to help enforce a judgment already obtained. Once a judgment is rendered, though, enforcement and collection proceed as in other civil cases -- with judgments other than default judgments for the payment of money enforceable and collectible as Section 1772 sets out.
The section also keeps small claims cases simple on the party side: no new parties can be brought into the action, and no one can intervene.
Frequently Asked Questions
Can a small claims plaintiff freeze my property before winning the case?
No -- Section 1760 bars any prejudgment attachment or garnishment in a small claims suit.
Is there discovery in Oklahoma small claims court?
No depositions, interrogatories, or other discovery are allowed, except to help collect a judgment that's already been won.
Can someone else join my small claims lawsuit?
No -- the statute prohibits bringing in new parties or allowing anyone to intervene in a small claims action.
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: discovery in small claims court oklahomacan you garnish before judgment oklahomaintervene in small claims case oklahoma12 O.S. § 1760