§ 938.Attorney Fees Taxed As Costs In Certain Actions Relating to Public Utilities

Chapter 14: Costs · Not amended since adoption on record · Last verified August 3, 2026

In one sentenceSection 938 allows a reasonable attorney fee, taxed as costs, to the prevailing party in a civil action over overpayment for water, sewer, garbage, electric, or natural gas service, or over a person's right to receive such service.

Full Text of § 938

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In any civil action or proceeding to recover for the overpayment of any charge for water, sanitary sewer, garbage, electric or natural gas service from any person, firm or corporation, or to determine the right of any person, firm or corporation to receive any such service, 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

Laws 1972, HB 1672, c. 120, § 1, eff. 10/1/1972.

Plain-English Summary

This section covers disputes with utility providers on two fronts: recovering an overpayment for water, sanitary sewer, garbage, electric, or natural gas service, and determining someone's right to receive that service in the first place. Either way, the prevailing party gets a reasonable attorney fee, set by the court and taxed and collected as costs.

Frequently Asked Questions

Can I recover attorney fees in a dispute with my utility company in Oklahoma?

If the case is over an overpayment for water, sewer, garbage, electric, or gas service, or over your right to receive that service, the prevailing party gets a reasonable attorney fee taxed as costs.

Does this fee shift apply only to customers who sue?

No. It applies to whichever party prevails, whether that's the customer or the utility.

What kinds of utility services does this section list?

Water, sanitary sewer, garbage, electric, and natural gas service.

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 utility overpayment oklahoma12 O.S. § 938water electric gas service dispute attorney fees oklahoma