An Act
ENROLLED HOUSE
BILL NO. 1611 By: Osburn of the House
and
Standridge of the Senate
An Act relating to civil procedure; amending 12 O.S.
2021, Section 1751, which relates to The Small Claims
Procedure Act; authorizing certain entities to
represent themselves in small claims actions ; and
providing an effective date .
SUBJECT: Civil procedure
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
SECTION 1. AMENDATORY 12 O.S. 2021, Section 1751, is
amended to read as follows:
Section 1751. A. The following suits may be brought under the
small claims procedure:
1. Actions for the recovery of money based on contract or to rt,
including subrogation claims, but e xcluding 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 permiss ible if neither the
value of the property nor the total a mount of money sought to be
recovered, exclusive of attorney fees and other cos ts, exceeds Ten
Thousand Dollars ($10,000.00); and
ENR. H. B. NO. 1611 Page 2
3. Actions in the nature of interpleader, as provided for in
Section 2022 of this title, in which the value of the money whic h is
the subject of such action does no t 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 assigne e of a claim,
except that an action may be brought agains t 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 acc ident and health
insurance policy, trust, plan, or contra ct.
C. In those cases which are uncont ested:
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 f ees 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 conte sted 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 a ny person or
entity under the small cla ims procedure.
F. A small claims affidavit shall include a statemen t
acknowledging that the plaintiff is disclaiming a right to a trial
by jury on the merits o f the case.
G. In an action filed and tried under The Small Claims
Procedure Act or an action f or forcible entry and detainer placed on ENR. H. B. NO. 1611 Page 3
the small claims docket of the district court or assigned to the
small claims division pursuant to Section 1148.14 of this title,
parties that are corporations, limited liabili ty companies,
partnerships, trusts, or other legal entities may appear by and
through a corporate officer, member, manager, partner, trustee , or
regular full-time employee, who shall be authorized to e xecute the
statutory affidavits and other filings with t he court and otherwise
proceed as any other party who is an individual representing
themself.
SECTION 2. This act shall become effective November 1, 2024.
ENR. H. B. NO. 1611 Page 4
Passed the House of Representatives the 11th day of March, 2024.
Presiding Officer of the House
of Representatives
Passed the Senate the 17th day of April, 2024.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _____ ____
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________