FightBackStrong

FightBackStrong / Oklahoma

STATE LAW GUIDE

How Long Do I Have to Respond in Oklahoma?

The Oklahoma rule, with the statute it comes from.

You are not the only one. Hundreds of thousands of these get filed every year, mostly against ordinary people who hit a bad stretch. Life gets messy. None of it makes you a bad person. It just makes you human.

They file these by the thousand. You are doing this once. That gap is the only real advantage they have, and it closes the moment you know what they have to prove. Learn it, use it, fight back strong.

The short answer

Twenty days from the day you were served, on the district court civil docket. See 12 O.S. 2012(A).

The plaintiff may instead elect to have the answer served within thirty-five days, so read your summons: the paper tells you which applies to your case.

How to count the twenty days

The day you were served does not count. Start counting the next day.

The last day counts, unless it is a legal holiday or a day the court clerk's office is not open until regular closing time, in which case the period runs to the end of the next day the office is open. See 12 O.S. 2006(A).

So if you were handed the papers on a Monday, Tuesday is day one, and day twenty is the deadline unless it lands on a day the clerk is closed.

Write the date in large letters somewhere you will see it. Then call the clerk of the court named on your papers and confirm it. They answer that question every day.

If it is a small claims case, the clock is different

Small claims does not work by an answer deadline. It works by a hearing date printed on the order, and that date must be not more than sixty days nor less than ten days from the date of the order, with the order served on you at least seven days before the hearing. See 12 O.S. 1756.

In small claims, nothing protects you except being in the room. There is no filed document that holds your place.

But before you accept that your case belongs in small claims, read the next section, because in Oklahoma it very often does not.

A debt buyer usually cannot use small claims in Oklahoma

This is specific to this state and it matters.

No action may be brought under the small claims procedure by any collection agency, collection agent, or assignee of a claim, with a narrow exception for a health care provider that has been assigned insurance benefits. See 12 O.S. 1751(B).

A debt buyer that purchased your account is an assignee of the claim. So if a company that bought your debt has filed against you on the small claims docket in Oklahoma, that is worth raising, and it is worth raising early rather than at the hearing.

Think very carefully before filing a reservation of time

Oklahoma lets you file a reservation of time, which extends your deadline by twenty days from the last date for answering.

It also waives defenses. Filing one gives up the defenses in paragraphs 2, 3, 4, 5, 6 and 9 of 12 O.S. 2012(B), which include lack of jurisdiction over your person and insufficiency of service of process. See 12 O.S. 2012(A).

In plain terms: if you think you were never properly served, a reservation of time throws that away. Extra time is not worth a defense you already had.

What missing the deadline costs

A default judgment, entered without the court examining whether the account is yours, whether the balance is right, or whether the plaintiff can prove it owns the debt.

In summary

Situation Your clock
District court civil docket 20 days from service, or 35 if the plaintiff elected it
Small claims The hearing date on the order, 10 to 60 days out
Counting Day of service excluded, last day extended if the clerk is closed
Reservation of time Adds 20 days, waives service and jurisdiction defenses


Citations are read from the Oklahoma Legislature's official complete titles and recorded in the booklet's citation registry.