The prevailing party in an action is entitled to costs of the action, including the costs of service of the order for the appearance of the defendant and the costs of enforcing any judgment rendered therein.
§ 1765.Costs
Chapter 36: Small Claims Procedure Act · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceEntitles the prevailing party in a small claims case to recover the costs of the action, including the cost of serving the order on the defendant and the cost of enforcing whatever judgment results.
Full Text of § 1765
Amendment History
Laws 1968, SB 536, c. 322, § 15, eff. 1/13/1969.
Plain-English Summary
Section 1765 gives the winning side in a small claims case a right to costs. Those costs include the expense of serving the appearance order on the defendant, plus whatever it costs to enforce the judgment once it's rendered.
Frequently Asked Questions
Does the winning party get their court costs back in small claims court?
Yes -- the prevailing party is entitled to the costs of the action.
Are service and collection costs included?
Yes -- costs include the cost of serving the order for the defendant's appearance and the cost of enforcing any judgment.
What if I lose my small claims case -- do I still recover costs?
No -- Section 1765 gives the right to costs only to "the prevailing party," not to a party who loses.
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: small claims court costs oklahomarecover costs winning small claims case12 O.S. § 1765