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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 1010 By: Murdock
AS INTRODUCED
An Act relating to small claims procedure; a mending
12 O.S. 2011, Sections 1751, as l ast amended by
Section 1, Chapter 39, O.S.L. 2019, and 1759, as last
amended by Section 3, Chapter 389, O.S.L. 2017 (12
O.S. Supp. 2020, Sections 1751 and 1759), which
relate to the Small Claims Procedure Act; expan ding
actions eligible for small claims procedure;
increasing amount of claim for certain tr ansfer; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 12 O.S. 2011, Section 1751, as
last amended by Section 1, Chapter 39, O.S.L. 2019 (12 O.S. Supp.
2020, Section 1751), is amended to read as follows:
Section 1751. A. The following suits may be brought under th e
small claims procedure:
1. Actions for the recovery of money based on contract or tort,
including subrogation claims, but excluding libel or s lander, 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) Twelve Thousand Five Hundred Dollars ( $12,500.00);
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2. Actions to replevy personal property the value of which does
not exceed Ten Thousand Dollars ($10,000.00 ) Twelve Thousand Five
Hundred Dollars ($12,500.00) . If the claims for possession of
personal property and to recover money are pled in the alternativ e,
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 fe es and other costs, exceeds Ten Thousand
Dollars ($10,000.00) Twelve Thousand Five Hundred Dollars
($12,500.00); and
3. Actions in the nature of inter pleader, 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) Twelve Thousand Five Hundred Dollars ($12,500.00).
B. No action may be brought un der 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 prov ider as that term is
defined in Section 6552 of Tit le 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;
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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 defens e 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, cou nty 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.
SECTION 2. AMENDATORY 12 O.S. 2011, Section 1759, as
last amended by Section 3, Cha pter 389, O.S.L. 2017 (12 O.S. Supp.
2020, Section 1759), is amended to read as follows:
Section 1759. A. Except as provided by subsection C of this
section, if a claim, a counterclaim , or a setoff is filed, prior to
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the expiration of the time prescribed by Section 1758 of this title,
for an amount in excess of Ten Thousand Dollars ($10,000.00) Twelve
Thousand Five Hundred Dollars ($12,500 .00), the action shall be
transferred to another docket of the district court unless both
parties agree in writing and file the agreement with the papers in
the action that the claim, counterclaim, or setoff shall be tried
under the small claims procedure. If such an agreement has not been
filed, a judgment in excess of Ten Thousand Dollars ($10,000.00)
Twelve Thousand Five Hundred Dollars ($12,500.00) may not be
enforced for the part that exceeds Ten Thousand Dollars ($10.000.00)
Twelve Thousand Five Hundred Dollars ($12,500.00) . If the action is
transferred to another docket of the district court, the person
whose claim exceeded Ten Thousand Dollars ($10,000.00) Twelve
Thousand Five Hundred Dollars ($12,500.00) shall deposit with the
clerk the court costs that are charged in other cases, less any sums
that have been already paid to the clerk, or the cla im shall be
dismissed and the remaining claims, if any, shall proce ed under the
small claims procedure.
B. If the action is transferred to another docket of the
district court, the plaintiff shall file a petition that conforms to
the standards for pleadin gs prescribed by the Oklahoma Pleading
Code, Section 2001 et seq. o f this title, within twenty (20) days
from the timely filing of the claim, counterclaim , or setoff. The
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answer of the defendant shall be due within twenty (20) days a fter
the filing of the petition.
C. Except as provided by Section 1757 of this title, if a
defendant does not file a counterclaim within the period prescribed
by Section 1758 of this title, the action shall not be transferred
to another docket of the district court.
SECTION 3. This act shall become effective November 1, 2021.
58-1-1403 TEK 1/21/2021 9:03:19 PM