A. The following suits may be brought under the small claims procedure:
1. Actions for the recovery of money based on contract or tort, including subrogation claims, but excluding libel or slander, in which the amount sought to be recovered, exclusive of attorney fees and other court costs, does not exceed Ten Thousand Dollars ($10,000.00);
2. Actions to replevy personal property the value of which does not exceed Ten Thousand Dollars ($10,000.00). If the claims for possession of personal property and to recover money are pled in the alternative, the joinder of claims is permissible if neither the value of the property nor the total amount of money sought to be recovered, exclusive of attorney fees and other costs, exceeds Ten Thousand Dollars ($10,000.00); and
3. Actions in the nature of interpleader, as provided for in Section 2022 of this title, in which the value of the money which is the subject of such action does not exceed Ten Thousand Dollars ($10,000.00).
B. No action may be brought under the small claims procedure by any collection agency, collection agent, or assignee of a claim, except that an action may be brought against an insurer or third-party administrator by a health care provider as that term is defined in Section 6552 of Title 36 of the Oklahoma Statutes, who is an assignee of benefits available under an accident and health insurance policy, trust, plan, or contract.
C. In those cases which are uncontested:
1. Except as provided in paragraph 2 of this subsection, the amount of attorney fees allowed shall not exceed ten percent (10%) of the judgment;
2. Upon application to the court supported by sufficient documentation, the court may award attorney fees not to exceed twenty-five percent (25%) of the judgment.
Nothing in this subsection shall be construed to limit the amount of attorney fees awarded in contested cases. Further, nothing in this subsection shall be construed to prohibit an award of attorney fees for the defense of an action brought under the small claims procedure.
D. No action may be brought under the small claims procedure for any alleged claim against any city, county or state agency, or employee of a city, county or state agency, if the claim alleges matters arising from incarceration, probation, parole or community supervision.
E. No action by a plaintiff who is currently incarcerated in any jail or prison in the state may be brought against any person or entity under the small claims procedure.
F. A small claims affidavit shall include a statement acknowledging that the plaintiff is disclaiming a right to a trial by jury on the merits of the case.
Added by Laws 1968, c. 322, § 1, eff. Jan. 13, 1969. Amended by Laws 1969, c. 279, § 1, emerg. eff. April 25, 1969; Laws 1971, c. 339, § 1, eff. Oct. 1, 1971; Laws 1976, c. 253, § 1, eff. Oct. 1, 1976; Laws 1981, c. 240, § 1, eff. Oct. 1, 1981; Laws 1982, c. 142, § 1; Laws 1983, c. 30, § 1, eff. Nov. 1, 1983; Laws 1989, c. 81, § 1, eff. Nov. 1, 1989; Laws 1992, c. 35, § 1, eff. Sept. 1, 1992; Laws 1995, c. 136, § 1, eff. Nov. 1, 1995; Laws 2002, c. 468, § 9, eff. Nov. 1, 2002; Laws 2003, c. 3, § 13, emerg. eff. March 19, 2003; Laws 2004, c. 70, § 1, eff. Nov. 1, 2004; Laws 2012, c. 282, § 1, eff. Nov. 1, 2012; Laws 2017, c. 389, § 1, eff. Nov. 1, 2017; Laws 2019, c. 39, § 1, eff. Nov. 1, 2019.
NOTE: Laws 2002, c. 402, § 5 repealed by Laws 2003, c. 3, § 14, emerg. eff. March 19, 2003.