What are Oklahoma Small Claims Cases and Class Action Lawsuits?

Under Title 12 of the Oklahoma Statutes (Civil Procedure), Oklahoma makes provisions for aggrieved persons in a minor case to seek compensation from the district court up to $6,000.  A small claims lawsuit typically includes contract breaches, small monetary disputes, property recovery, and other damages or civil disagreements. On the other hand, a class-action case is a civil action usually involving many people against an entity. A class-action lawsuit seeks to respond to a similar injury that many people have suffered, to provide a form of compensation.

Members of the public may file a small claims lawsuit against another person, a company, or a government parastatal as long as the claims do not exceed $6,000. Persons currently in jail or prison cannot file a lawsuit against another individual or entity.

What is a Class Action Lawsuit in Oklahoma?

According to Title 12 of the Oklahoma Statutes, a class action is a lawsuit filed by a representative for many people who have suffered similar injuries, where filing individually may be considered impracticable. At the court, the petitioner is expected to represent the interests of the class. According to §12–2023, the class action should include many members and the facts of the case, but be common.

How do I File a Claim in an Oklahoma Small Claims Court?

To file a small claims lawsuit, interested individuals can obtain an affidavit from the clerk’s office at the district court. The affidavit will contain the name and address of the plaintiff and the defendant, the reason for the suit, and the amount for compensation. Complainants who are unable to afford the filing fee can use the Pauper Affidavit instead. Copies of the completed affidavit filed may be served to the defendant by mail or by the sheriff. After this, the defendant submits proof of service at the court and files a countersuit against the plaintiff. At the hearing, the judge will typically make a decision based on the evidence and testimonies. The losing party in the lawsuit may then appeal the decision of the court to a higher court. 

 Copies of the completed affidavit filed will be served to the defendant by mail or by the sheriff. After this, the defendant will submit proof of service at the court and file a countersuit against the plaintiff. At the hearing, the judge will make a decision based on the evidence and testimonies. The losing party in the lawsuit can then appeal the decision of the court to a higher court.

Do I Need a Small Claims Lawyer?

Small claims court offers simplified procedures, making the legal process less tedious. Hence, an individual in a small claims case can proceed by self-representation as these proceedings tend to be less formal than other kinds of court proceedings. In Oklahoma, all parties are entitled to be represented by an attorney in every case, according to Title 12 of the Oklahoma Statutes.

When the claim is against a corporation or government entity, it is advisable to hire an attorney. A lawyer has extensive resources to investigate and prove claims and possesses a wealth of experience handling similar cases. This increases the suitor’s possibility of winning the case. The petitioner can also claim attorneys’ fees as a part of the settlement.

How do Class Action Lawsuits Work in Oklahoma?

Completing an affidavit is the first step in filing a class-action lawsuit in Oklahoma. The form typically includes the plaintiff’s name, address, defendant’s name, the reason for suing, and the settlement fee. The court clerk then proceeds to set the date and time for the hearing within 60 days. Emergency and eviction cases are heard in 5 days and not more than 10 days after filing. 

Copies of the affidavits are sent to the defendant via certified mail, a process server, or a sheriff.  The affidavit should be sent to the defendant a week before the hearing. The service stage needs to be completed in the space of 180 days.  If not, the court can dismiss the case, and the plaintiff will need to start all over again.

Is a Class Action Better Than a Single Party Suit?

There are various advantages for plaintiffs who wish to seek a class action instead of filing independently. One significant benefit of a class-action lawsuit is that it may be more affordable because litigation costs are shared among all plaintiffs. In addition, class actions attempt to ensure that all offended parties get some remuneration, regardless of whether it is sufficient to cover the harm completely.

Oklahoma public records may also be accessible from some third-party websites. Aggregate sites are a convenient alternative for inquirers interested in searching for multiple records across several US districts. To search these databases, however, users are typically expected to provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the document or person involved

Third-party sites are operated independently of government sources. Consequently, the availability, accuracy, and/or validity of some records may not be guaranteed..

What Cases Are Heard by Small Claims Courts in Oklahoma?

The district courts in Oklahoma typically hear small claims cases such as:

• Bad Debt: This is a kind of case that needs the plaintiff to prove that the debt exists, its sum, the due payment date, and evidence that the defendant is yet to fulfill an obligation
• Breach of Contract: Cases like these involve breaking a contractual agreement
• Personal Injury: An entity’s thoughtless conduct can cause another person to suffer personal injury. The affected person can sue for recompense.
• Property Damage: A party can sue for breach of a property agreement. This case is typical of landowners and occupants.