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§ 1758 Counterclaim or setoff by verified answer.

Chapter 36 - Small Claims Procedure Act

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)

Amendment history: 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.