A fee of Forty-five Dollars ($45.00) shall be charged and collected for the filing of the affidavit for the commencement of any action for an amount of Five Thousand Dollars ($5,000.00) or less. Any action in excess of Five Thousand Dollars ($5,000.00) shall be subject to the filing fees provided in Title 28 of the Oklahoma Statutes for the same kind of action as filed in district court. For the filing of any counterclaim or setoff, fees shall be charged and collected pursuant to Section 152.1 of Title 28 of the Oklahoma Statutes. Except as otherwise provided in Section 1772 of this title, no other fee or charge shall be collected by any officer for any service rendered pursuant to the provisions of the Small Claims Procedure Act, or for the taking of affidavits for use in connection with any action tried pursuant to the provisions of the Small Claims Procedure Act. If the affidavit and order are served by the sheriff or a licensed private process server, the court clerk shall collect the usual fee for the sheriff, which shall be taxed as costs in the case. The fee paid to a licensed private process server, as approved by the court, shall be taxed as additional costs in the case. After judgment, the court clerk shall issue such process and shall be entitled to collect only such fees and charges as are allowed by law for like services in other actions. All fees collected as authorized by this section and Section 1772 of this title shall be deposited with other fees that are collected by the district court. Any statute providing for an award of attorney fees shall be applicable to the small claims division if the attorney makes an appearance in the case, whether before or after judgment or on hearing for disclosure of assets. Added by Laws 1968, c. 322, § 14, eff. Jan. 13, 1969. Amended by Laws 1969, c. 285, § 1; Laws 1971, c. 339, § 4, eff. Oct. 1, 1971; Laws 1976, c. 15, § 1; Laws 1978, c. 212, § 3, eff. July 1, 1978; Laws 1981, c. 242, § 1, operative July 1, 1981; Laws 1982, c. 256, § 1, operative Oct. 1, 1982; Laws 1983, c. 273, § 2, operative July 1, 1983; Laws 1987, c. 181, § 9, eff. July 1, 1987; Laws 1988, c. 78, § 3, eff. Nov. 1, 1988; Laws 1988, c. 327, § 1, operative Aug. 1, 1988; Laws 1989, c. 205, § 3, eff. Nov. 1, 1989; Laws 1989, c. 353, § 12, emerg. eff. June 3, 1989; Laws 1997, c. 400, § 3, eff. July 1, 1997; Laws 2003, c. 440, § 2, eff. July 1, 2003; Laws 2004, c. 447, § 3, emerg. eff. June 4, 2004; Laws 2017, c. 389, § 4, eff. Nov. 1, 2017.
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