In the United States, most states have a small claims court division of their judicial system. In Oklahoma, the small claims court helps take smaller cases off the district court’s docket to free them up for more complex and severe claims, such as a million-dollar oil-spill case.
By going to small claims court instead of filing your lawsuit in the district court, you can save yourself filing and attorneys fees. Moreover, the Court will make a ruling in your case more quickly. But to qualify for small claims court, you must meet certain requirements.
What Is Oklahoma Small Claims Court
In small claims court in Oklahoma, small claims review money-recovery actions based on a breach of contract, injuries, and recovery actions to get personal property or any number of business law disputes. The important thing to remember is that the amount in controversy cannot exceed $10,000. You can only bring certain claims in small clams court, such as breach of contract claims. For example, you cannot bring libel or slander in small claims court. You must visit the county clerk’s office to file with the small claims court.
Small claims court is substantially quicker than regular district court. Oklahoma law requires a judge to hear small claims within 60 days of filing. In a district court, it may take more than one year to get the case to trial. You can either navigate the small claims process independently or hire an attorney to help you.
A judge will still preside over the case, but there will be limited time to collect and present evidence. The judge will then render their judgment, and you will be able to collect your judgment by collecting it from the defendant or executing a garnishment against the defendant’s assets or wages.
Breach Of Contract Claims In District Court?
If you choose not to bring your claim to small claims court, you would need to file a breach of contract or construction contract claim in the district court. Maybe your damages caused are more than $10,000, Or maybe your reason is that the case is very complicated, or you hope to have your case decided by a jury. These are all logical reasons to skip over small claims court and bring your claim to the district court.
In a district court, it is recommended to have an attorney represent you since they are trained to know how to operate in a courtroom and properly communicate with court staff and the judge. District court proceeding are much more unforgiving in the procedures required to resolve your case. This includes filing statutorily sufficient petitions and answers to those petitions. An additional reason maybe that you need a legal record of the testimony and district court rules allow for this.
Business Attorneys Near You
If you find yourself in a dispute an experienced team of Tulsa business attorneys can help you determine if you should go to small claims court or its better for you to have the case heard in District court. Going to small claims court with the guidance of an attorney may maximize your recovery by minimizing your associated costs. We at Kania Law Office will look at your situation and recommend the best and easiest way to file your case. Call (918) 743-2233 today to schedule your appointment or set up an appointment online.