Everything from the first letter to getting paid, in the order you'll do it. Tick each step as you go; your progress is saved in this browser.
1–3 weeks before filing
Oklahoma doesn't require a demand before filing a small claim.
Use the free demand letter generator, give them 10–14 days, and keep a copy with proof of the date you sent it.
In Oklahoma you can sue for up to $10,000 in the Small Claims Division of the District Court.
Run the 60-second case check to see the last day you can file.
Use the company's exact legal name and its registered agent's address for service.
1–2 evenings
Small Claims Affidavit: Small Claims Affidavit and Order. Get the form.
The Small Claims Affidavit must be sworn, usually in front of the clerk or a notary.
The clerk makes the copies needed for service; keep one for yourself.
Filing day
Choose how you'll file:
Generally the county where the defendant lives or where the problem happened. The court clerk can help you fill out the forms.
About $58 for claims up to $5,000 and about $210 to $225 for claims from $5,000 to $10,000; the exact amount varies by county. Service costs extra: about $10 by certified mail through the clerk or $50 by the sheriff. Can't afford it? Ask for a fee waiver: Ask the court clerk for a pauper's affidavit (in forma pauperis) if you can't afford the fee..
The clerk sets a hearing date 10 to 60 days away and mails the papers to the defendant by certified mail, unless you chose the sheriff or a process server.
Right after filing
The court clerk mails the papers to the defendant by certified mail unless you ask for the sheriff or use a private process server.
The defendant must be served at least 7 days before the hearing date.
Certified mail return receipt or officer's return
The clerk attaches the certified mail receipt to the file. If a sheriff or process server served the papers, their return is filed with the court.
Don't wait until the hearing. Ask the clerk right away for a new hearing date and try another method, such as personal delivery instead of mail, or a different address.
1–4 weeks before
The defendant must come to court on the hearing date. A counterclaim must be filed at least 72 hours before the hearing.
If you settle, tell the clerk and file a dismissal so the hearing is taken off the calendar.
Get any settlement in writing, signed by both sides, with the amount and payment date.
A witness who saw what happened is stronger than a written statement; some judges won't accept letters.
Ask the court clerk to issue a subpoena for a witness who won't come voluntarily.
Hearing day
Speak to the judge, not the other side. Stay calm, answer the question asked, and don't interrupt.
If the defendant was served and doesn't come, you can get a default judgment after proving your claim. If service failed, ask the clerk for new papers with a new date.
Weeks to months
Either side can appeal the same way as in other civil cases, usually within 30 days to the Oklahoma Supreme Court. It isn't a new trial, so a record of the hearing helps.
If they don't pay, you can ask for a hearing on assets, garnish wages or a bank account, or have the sheriff seize property.
Keep proof of every payment. When you're paid in full, tell the court; some courts require a satisfaction-of-judgment form.