OKLAHOMA SMALL CLAIMS FORMS
If you want to file a small claims court case in Oklahoma, you will need to fill out a form and take the form to the courthouse. You can find the forms at any court clerk's office in Oklahoma. I've also made the forms available on this page.
First, a few words of caution:
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These forms are not, and should not be interpreted, as legal advice. You should not use these forms as a substitute for relying on an attorney. While most people go to small claims court without a lawyer, you may find that you need to seek assistance from counsel.
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These forms will only work in Oklahoma. If you're filing in another state, do not use these forms.
Free Oklahoma Small Claims Forms, and How to File Them
There are two types of small claims forms:
After you have filled out the form, you will have to get it notarized. Either a notary public, or the court clerk, may notarize the form.
Where should you file your case?
You may file your case in the county courthouse in the following counties:
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The county where the defendant lives
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The county where the case arose (for example, if you are suing for personal injury or damage to property, you could sue in the county where you or the property were injured)
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The county where the defendant lived when the claim arose
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If you are suing for a debt, you may sue in the county where the debt was contracted, or the county where the debtor gave the note of indebtedness
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If you're suing for damages resulting from the use or motor vehicles or boats you may sue:
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In any county where you can serve the defendant, or in any county where the damages occurred
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If you are suing a corporation, you may file the suit in:
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The county where the corporation is situated or has its principal office or place of business
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The county where any of the members, managers or principal officers of the corporation live or may be summoned
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The county where the case or part of the case arose, or the county where a codefendant of the corporation may be sued
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If you are suing someone who doesn't live in Oklahoma, or if you are suing a foreign corporation, you may sue in:
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Any county where there is property or debts that are owed to the defendant
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Any county where the defendant may be found
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Any county where a codefendant may be sued
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If you're suing a foreign insurance company, you may sue in:
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The county where the case arose, the county where you live, or the county where the insurance company has an agent
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When you go to the courthouse
When you go to the courthouse, look for the court clerk's office. Give the form to the court clerk. You have to pay a filing fee.
The court clerk will fill in everything below the word Order. The court clerk will fill in a date, time, and place for your hearing. Mark this date and time in your calendar, you'll need to be in court that day.
Notifying the Defendant:
You will then need to notify the defendant of the hearing date, time, and place. You may do this by:
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Having a deputy sheriff serve the defendant, or having a licensed process server serve the defendant
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Send the order to the defendant via certified mail.
If you want the sheriff to serve the defendant, ask the court clerk to give the order to the sheriff. You will then have to pay the clerk an addition for the sheriff to serve the document. If you want to serve the defendant by a licensed process server, you'll have to call a process server yourself and make the necessary arrangements. Many court clerks keep lists of licensed process servers in their counties; if you want to use a licensed process server, you may ask the court clerk for process servers in your county. If you want to serve by certified mail, go to the post office.
At your court date
When you come to court for your court date, you will have a hearing before the judge. Elsewhere on this site, I've posted information on your rights and obligations in small claims court, and the law on small claims cases. For information on small claims cases for the recovery of money or property, see my blog post here. For more information on eviction cases, see my post here.
Need more information? Contact the Persaud Law Office
Most people go to small claims court without lawyers, but a few people feel that they need to rely on counsel for advice. If you need help with your small claims case, contact our office today.