How to file a small claim in oklahoma

Evictions can be heard as small claims in Oklahoma District Court. However, the small claims division of district court is also an excellent forum for other types of cases typically brought in small claims courts , such as property damage matters and breach of contract disputes.

Oklahoma has many courthouses. You must choose the proper court location or "venue ," otherwise, the defendant—the person or company you sue—will be able to ask the court to transfer or dismiss your action. In Oklahoma, you can file in the county where one of the following occurs:. Go to the Oklahoma Secretary of State business entity search webpage for company information.

Also, be aware that you might have other options, depending on your case. Most courts post venue rules on the court website. You don't have an unlimited amount of time to file a claim. You'll have to bring it within the statute of limitations period for your particular case. For example, the Oklahoma statute of limitations is two years for oral contracts, five years for written contracts, and two years to file for personal injury and property damage matters. Other limitations periods exist, depending on the type of action.

If you don't file within the proper period, you lose your right to sue. Also, the statute of limitations can stop and restart depending on various circumstances, and figuring out when it expires can be challenging. For instance, if a minor is injured, the personal injury statute won't begin running until the child reaches 18 years of age. Learn more about calculating the statute of limitations. However, a defendant must appear on the date in the court documents to avoid an automatic loss and default judgment.

Also, a defendant who is owed money by the plaintiff must file a counterclaim at least 72 hours before the appearance date. Learn what happens if you get sued in small claims court.

Criminal charges are not discussed. Limited jurisdiction means only certain matters may be filed and heard by the small claims court. There is also a maximum claim amount limitation. Small claims court offer a quick, informal and inexpensive way of resolving many types of disputes you may have with particular individuals or companies.

Which Court hears small claims in Oklahoma? The District Court of Oklahoma has jurisdiction to hear all small claims actions. Who hears the claims in small claims court? The proceedings are conducted by a judge. The above list is not exhaustive but does contain most of the common claims.

The following claims MAY NOT be filed in small claims court: libel, slander, professional malpractice, assigned claims, and punitive damages. Who may file a claim in small claims court? Must you be represented by an attorney? Generally, an attorney is not needed. However, the parties may hire attorneys to litigate on their behalf if they desire to do so.

Things to do before you File a Claim: Get the facts straight so you can complete the forms correctly and answer any questions court personnel may need to know. If the defendant is a Corporation or LLC, you may need to contact the secretary of state in your state and obtain the proper name and address to serve with a copy of the suit.

If you do not have a lawyer to assist you in Small Claim Court , the judge may allow you to be assisted in court by a family member or another person who is not being paid to assist you. This person can help you understand the proceedings and advice you, though that person cannot speak for you in court. At Small Claim Filing Company we are a professional company providing legal services to the inhabitants of Oklahoma City.

The team Small Claim Filing Company is experienced and trained, and we know How Small Claim Court Works and having the knowledge to deal with your matters of small claims in Oklahoma City to provide you ease and comfort. We are trustworthy because we own your worries and troubles to give you peace of mind. Our experienced and certified law specialists understand the court procedure very well. We begin working on your case once you visit us.

To know more about our services, you can call us at. View Our All Service Areas. Small Claims Filing engineered to assist individuals with common legal matters. Clients Reviews. File your small claims online now! How to File a Small Claim in Oklahoma City A small claims case is a lawsuit brought for the recovery of money damages, civil penalties, personal property, or other relief allowed by law.

When to File Suit in Oklahoma City? Types of Trials in Small Claims Court Oklahoma City The trial of the case may be heard by the Judge of the Court sitting alone, or upon request of either party, by a six-person jury. He has to provide the following information: The Plaintiff's complete name and address. The Defendant's complete name and address The amount of the Plaintiff's claim The basis of the Plaintiff's claim The amount of money the Plaintiff properly owes the Defendant, if any.

Swear under oath that this small claim statement is true You have to pay the Clerk a filing fee and the service of citation fee, to cover costs of serving citation on the Defendant.

The terms are also available online at www. Q: Is this quicker than regular or bigger cases? A: Yes. It can take more than a year for a regular civil case to come to trial. Small claims cases are required by law to be heard not more than 60 days after the claim is filed. However, a defendant must be properly served with the lawsuit in both small claims and regular civil lawsuits.

If a plaintiff files a small claims lawsuit and is unable to locate the defendant, it may take two to three months before the judgment is rendered by the court. Q: Who may use small claims? A: Anyone who has a claim against another in Oklahoma may use the small claims procedure. The person must pay the filing fee prescribed by law. However, no action may be brought under small claims procedure by any collection agency or collection agent or any assignee of a claim, except under certain circumstances.

A person who is in jail or prison cannot be a small claims plaintiff. Q: May I use an attorney? A: Of course. All parties are entitled to be represented by an attorney in every case in state court in Oklahoma. Either party may use an attorney even if the other side does not.