What You Need to Know When Going to Small Claims Court in Oklahoma
Oklahoma offers its citizens the ability to file a claim in small claims court. Small claims court is for individuals seeking compensation from another individual or company regarding cases such as breach of contract, injuries or an attempt to recover personal property. These cases deal with civil matters only and do not make criminal judgments, and are also not available for complaints of libel or slander.
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Limits
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Small claims in Oklahoma are limited to a judgment of no more than $6,000.
Attorneys
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The representation of an attorney is not required to file a small claims case in Oklahoma, though attorneys are permitted if a party desires. An individual may represent himself even if the other party has an attorney. A company must be represented by an attorney, full-time employee or officer of the company.
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Fees
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The fee to file a small claims case varies by county. Visit or call your county court clerk to inquire about fees.
How to File
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Visit your county court clerk to file a claim. The clerk will provide the necessary forms for filing as well as issue a court date for your hearing.
Serving the Defendant
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Unless you want a personal service of the defendant, the county court clerk will mail a copy of the claim to the defendant by certified mail. A hearing cannot take place until the defendant has been served. Be sure to provide a correct physical address to the court clerk.
Evidence
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Bring all documentation pertaining to the case with you to the hearing. A witness statement is not admissible in court unless the witness is there in person. The same rule applies to estimates. Have the mechanic in court to testify in order for the estimate to be entered as evidence.
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References
- Photo Credit US Supreme Court image by dwight9592 from Fotolia.com
