§ 12-1753. Affidavits - Form - Filing.

A.  Actions under the small claims procedure as described in paragraphs 1 and 2 of subsection A of Section 1751 of this title shall be initiated by plaintiff or plaintiff's attorney filing an affidavit in substantially the following form with the clerk of the court:

In the District Court, County of _______________,

State of Oklahoma.

____________________

Plaintiff

vs.              Small Claims No. ___________

____________________

Defendant

STATE OF OKLAHOMA  )

) ss

COUNTY OF _________)

____________________, being duly sworn, deposes and says:

That the defendant resides at ________________________________, in the above-named county, and that the mailing address of the defendant is ______________________________________________________.  That the defendant is indebted to the plaintiff in the sum of $______ for __________, that plaintiff has demanded payment of the sum, but the defendant refused to pay the same and no part of the amount sued for has been paid,

or

That the defendant is wrongfully in possession of certain personal property described as _____________________________________ ____________________________________________________________________ that the value of the personal property is $______, that plaintiff is entitled to possession thereof and has demanded that defendant relinquish possession of the personal property, but that defendant wholly refuses to do so.

_____________________________________________

Subscribed and sworn to before me this _____ day of __________, 20__.

_____________________________________________

Notary Public (or Clerk or Judge)

My Commission Expires:

______________________

On the affidavit shall be printed:

ORDER

The people of the State of Oklahoma, to the within-named defendant:

You are hereby directed to appear and answer the foregoing claim and to have with you all books, papers, and witnesses needed by you to establish your defense to the claim.

This matter shall be heard at ____________________ (name or address of building), in _______________, County of _______________, State of Oklahoma, at the hour of _____ o'clock of the _____ day of __________, 20__.  And you are further notified that in case you do not so appear judgment will be given against you as follows:

For the amount of the claim as it is stated in the affidavit, or for possession of the personal property described in the affidavit.

And, in addition, for costs of the action (including attorney fees where provided by law), including costs of service of the order.

Dated this _____ day of __________, 20__.

________________________________________

Clerk of the Court (or Judge)

B.  Actions under the small claims procedure as described in paragraph 3 of subsection A of Section 1751 of this title shall be initiated by plaintiff or plaintiff's attorney filing an affidavit in substantially the following form with the clerk of the court:

In the District Court, County of ______________________,

State of Oklahoma.

____________________

Plaintiff

vs.              Small Claims No. ___________

____________________

Defendant

____________________

Defendant

STATE OF OKLAHOMA)

)                 ss.

COUNTY OF________________)

________________________, being duly sworn, deposes and says:

That, ______________________, the defendant resides at _______________________, in the above-named county, and that the mailing address of the defendant is __________________________.

That, ______________________, the defendant resides at _______________________, in the above-named county, and that the mailing address of the defendant is __________________________.

That the plaintiff has custody or possession of money in the amount or value of $________, held pursuant to the following:

______________________________________________________________

______________________________________________________________.

That the defendants claim or may claim to be entitled to the money.

That the plaintiff deposits herewith into the court $________, which equals the amount of the money to be invested in accordance with the order of the court and that the plaintiff will abide with the judgment of the court as to the final disposition thereof.

Subscribed and sworn to before me this __ day of ____, 20__.

_________________________________

Notary Public (or Clerk or Judge)

My Commission Expires:

______________________

On the affidavit shall be printed:

ORDER

The people of the State of Oklahoma, to each of the within-named defendants:

You are hereby directed to appear and answer the foregoing claim and to have with you all books, papers, and witnesses needed by you to establish your claim to the money.

This matter shall be heard at ____________ (name or address of building), in __________, County of __________, State of Oklahoma, at the hour of ______ o'clock of the ______ day of __________, 20__.  And you are further notified that in case you do not so appear judgment will be given against you as follows:

Determining or foreclosing your claim to the above-described money as well as the disposition thereof.

And, in addition, for costs of the action, including attorney fees where provided by law, and including costs of service of the order.

Dated this ______ day of __________, 20__.

_____________________________

Clerk of the Court (or Judge)

Added by Laws 1968, c. 322, § 3, eff. Jan. 13, 1969.  Amended by Laws 1969, c. 279, § 2, emerg. eff. April 25, 1969; Laws 1971, c. 339, § 2, eff. Oct. 1, 1971; Laws 1974, c. 128, § 1; Laws 1975, c. 78, § 1, eff. Oct. 1, 1975; Laws 1982, c. 142, § 2, eff. Oct. 1, 1982; Laws 2000, c. 380, § 2, eff. Nov. 1, 2000; Laws 2002, c. 468, § 10, eff. Nov. 1, 2002.