Court fees; small claims court fee; increasing fee; effective date.
Summary
HB1129 increases the filing fee for small claims cases in Oklahoma. Under current law, a filing affidavit for a small claims action involving $5,000 or less costs $45; the bill raises that amount to $85. The measure keeps the existing structure of the Small Claims Procedure Act otherwise intact, including the rule that cases over $5,000 are subject to the regular district court filing fees for the same type of action.
The bill also preserves the current treatment of counterclaims, setoffs, service by sheriff or private process server, and post-judgment process. It continues to bar other fees or charges in small claims matters except as specifically allowed by law, and it leaves in place the provision that attorney-fee statutes apply in small claims cases when an attorney appears. The effective date is November 1, 2025.
Impact
HB1129 would amend 12 O.S. 2021, Section 1764, by increasing the small claims filing fee and thereby raising the upfront cost for individuals and businesses using the small claims division for disputes of $5,000 or less. The change affects litigants who file small claims actions, while leaving the broader fee framework and related court-cost provisions largely unchanged.
Sentiment
The bill appears to have received mixed support. It advanced unanimously in one committee and with a narrower margin in another, suggesting some support for updating court fees but also some concern about the increase. The floor vote was unsuccessful, with 39 yeas and 50 nays, indicating that the proposal did not secure enough broader House support.
Contention
The main point of contention is the size of the fee increase, from $45 to $85, which could be viewed as a significant added burden for low-dollar claimants who use small claims court because it is intended to be a lower-cost forum. Supporters likely viewed the increase as a fee adjustment for court operations or inflation, while opponents likely objected to making access to small claims court more expensive for ordinary litigants. The recorded committee and floor votes suggest that affordability and access to justice were the likely dividing issues.