A. In any civil action to recover for labor or services rendered, or on an open account, a statement of account, account stated, note, bill, negotiable instrument, or contract relating to the purchase or sale of goods, wares, or merchandise, unless otherwise provided by law or the contract which is the subject of the action, the prevailing party shall be allowed a reasonable attorney fee to be set by the court, to be taxed and collected as costs.
§ 936.Attorney Fees Taxed As Costs In Actions For Labor Or Services Rendered Or On Certain Accounts, Bills and Contracts
Chapter 14: Costs · Last amended November 1, 2011 · Last verified August 3, 2026
In one sentenceSection 936 lets the prevailing party recover a reasonable attorney fee as costs in actions for labor or services, an open account, or a note, bill, or sales contract, and in actions to recover unpaid debts owed to the state.
Full Text of § 936
B. In any civil action to recover unpaid fees, fines, costs, expenses or any other debt owed to this state or its agencies, as defined pursuant to Section 152 of Title 51 of the Oklahoma Statutes, unless otherwise provided by law, the prevailing party shall be allowed a reasonable attorney fee to be set by the court, to be taxed and collected as costs.
Amendment History
Added by Laws 1961, SB 145, p. 64, §1, emerg. eff. 4/13/1961; Amended by Laws 1967, SB 145, c. 135, §1, emerg. eff. 4/27/1967; Amended by Laws 1970, SB 537, c. 282, §1, emerg. eff. 4/23/1970; Amended by Laws 2002, HB 1939, c. 468, §5, emerg. eff. 11/1/2002; Amended by Laws 2011, SB 527, c. 187, §4, eff. 11/1/2011.
Plain-English Summary
Subsection A covers a common cluster of commercial disputes: labor or services rendered, open accounts, statements of account, accounts stated, notes, bills, negotiable instruments, and contracts for the purchase or sale of goods. Unless a statute or the contract itself says otherwise, whichever side prevails in one of these actions gets a reasonable attorney fee, set by the court and collected as costs.
Subsection B extends the same fee-shifting rule to actions recovering unpaid fees, fines, costs, expenses, or other debts owed to the state or its agencies, again unless another statute already provides for it.
Frequently Asked Questions
Can the winning side recover attorney fees in a contract dispute over unpaid goods or services in Oklahoma?
Yes. If the action is for labor or services, an open account, a note, bill, or contract for the sale of goods, the prevailing party gets a reasonable attorney fee taxed as costs, unless the contract or another statute says otherwise.
Does the fee go only to the plaintiff?
No. The statute awards the fee to whichever party prevails, plaintiff or defendant.
Does this section cover debts owed to state agencies?
Yes, subsection B separately allows a reasonable attorney fee as costs when the state or its agencies sue to recover unpaid fees, fines, costs, expenses, or other debts.
Who decides how much the attorney fee should be?
The court sets a reasonable fee, which is then taxed and collected as costs.
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: attorney fees as costs oklahoma open accountprevailing party attorney fee oklahoma contract12 O.S. § 936attorney fee unpaid debt state agency oklahoma