§ 12-1758. Counterclaim or setoff by verified answer.  


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  • No formal pleading, other than the claim and notice, shall be necessary, but if the defendant wishes to state new matter which constitutes a counterclaim or a setoff, he shall file a verified answer, a copy of which shall be delivered to the plaintiff in person, and filed with the clerk of the court not later than seventy-two (72) hours prior to the hour set for the first appearance of said defendant in such action.  Such answer shall be made in substantially the following form:

    COUNTERCLAIM OR SETOFF

    In the District Court,

    County of _______________,

    State of Oklahoma.

    ____________________

    Plaintiff

    vs.                Small Claims No. _________

    ____________________

    Defendant

    Claim of defendant.

    STATE OF OKLAHOMA  )

    ) ss

    COUNTY OF _________)

    __________, being first duly sworn, deposes and says:  That said plaintiff is indebted to said defendant in the sum of $________ for _______, which amount defendant prays may be allowed as a claim against the plaintiff herein.

    ________________________________________________

    Subscribed and sworn to before me this _____ day of _____, 19__.

    ______________________________________

    Notary Public (or Clerk or Judge)

Added by Laws 1968, c. 322, § 8, eff. Jan. 13, 1969.  Amended by Laws 1985, c. 284, § 2, eff. Nov. 1, 1985; Laws 1995, c. 136, § 2, eff. Nov. 1, 1995.