How does OKC small claims court work?

[ChargerAg]

Was curious how small claims court works in Oklahoma city. Has anybody ever been through the process?

[BBatesokc]

Not sure what you're asking.

Based on my experience in the past: If you want to file an action against another then you simply go downtown to the 4th floor of the Court Clerk's office, fill out a simple form and pay the fee. You can have the court serve the person or hire your own process server. They will give you a court date and try to serve the defendant. If they cannot be found to be served then the process basically starts over again. I usually have people served at their work so they can't avoid it. Keep in mind that winning doesn't mean you'll get paid. We don't have debtors prison (unless you stiff the gov't), and the process to have a hearing on assets and/or garnishment is not a fast process.

Even small claims court can be nerve racking. I'd suggest sitting in on unrelated case or two so that you're comfortable with the setting and procedures.

[kevinpate]

Here are some additional information sources for you.

http://www.oklahomacounty.org/courtc...mallClaims.htm

http://www.okbar.org/public/brochures/sccbroc.htm

[BBatesokc]

Great links! I had forgotten the fees.

[Millie]

Make sure you file in the right county. OKC is in 4 (I think) different counties. The info above is for Oklahoma County.

[ljbab728]

Charger, you have a very ligitimate question which deserves an answer but I think you may be in the wrong thread. It doesn't really relate to development and business issues unless I missed something. No offense, I just think your question would have been better in a different area.

[Midtowner]

Have both sued and defended many times. It's an interesting process. Not very defendant-friendly in my experience. Go sit through a small claims docket or two if you plan on representing yourself to see how they're done--not so much for the law aspect, but just to familiarize yourself with the whole procedure. The small claims docket rotates between the special judges up on the 6th and 7th floors at the courthouse. You'll find out who your judge is when you file your case.

The big pitfall for a small claims plaintiff who represents himself is getting good service. A private process server will set you back about $50, but it's money well spent.

The second big pitfall is what to do with a judgment. You have a lot of options, but no one's going to tell you what to do. I personally prefer doing a hearing on assets... it's a bit dehumanizing if you ever get into the courtroom. 9/10 times though, you end up settling on a payment plan or something to that effect before that happens.