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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 1129 By: Pogemiller and Deck of the
House
and
Rader of the Senate
COMMITTEE SUBSTITUTE
An Act relating to court fees; amending 12 O.S. 2021,
Section 1764, which relates to small claims court
fees; increasing fee; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 12 O.S. 2021, Section 1764, is
amended to read as follows:
Section 1764. A fee of Forty-five Dollars ($45.00) Eighty-five
Dollars ($85.00) shall be charged and collected for the filing of
the affidavit for the commencement of any actio n for an amount of
Five Thousand Dollars ($5,000.00) or less. Any action in excess of
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Five Thousand Dollars ($5,000.00) shall be subject to the filing
fees provided in Titl e 28 of the Oklahoma Statutes for the same kind
of action as filed in district cour t. For the filing of any
counterclaim or setoff, fees shall be charged and collected pursuant
to Section 152.1 of Title 28 of the Oklahoma Statutes. Except as
otherwise provided in Section 1772 of this title, no other fee or
charge shall be collected by any officer for any service rendered
pursuant to the provisions of the Small Claims Procedure Act, or for
the taking of affidavits for use in connection with any action trie d
pursuant to the provisions of the Small Claims Procedure Act. If
the affidavit and order are served by the sheriff or a licensed
private process server, the court clerk shall collect the usual fee
for the sheriff, which shall be taxed as costs in the case. The fee
paid to a licensed private process server, as approved by the court,
shall be taxed as additional costs in the case. After judgment, the
court clerk shall issue such process and shall be entitled to
collect only such fees and charges as are a llowed by law for like
services in other actions. All fees collected as authorized by this
section and Section 1772 of this title shall be deposited with other
fees that are collected by the district court. Any statute
providing for an award of attorney fees shall be applicable to the
small claims division if the attorney makes an appe arance in the
case, whether before or after judgment or on hearing for disclosure
of assets.
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SECTION 2. This act shall become effective November 1, 2025.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY AND PUBLIC SAFETY
OVERSIGHT, dated 03/03/2025 – DO PASS, As Amended and Coauthored.