Oklahoma Pauper's Affidavit: How to Get Small Claims Filing Fees Waived

Filing fees in Oklahoma small claims court range from $58 to over $200 depending on the county and claim amount. If poverty leaves you unable to pay court fees and financially unable to employ counsel, you can request to litigate without prepayment through an affidavit in forma pauperis under 28 O.S. § 152(H). The court will set a hearing to determine eligibility, but the clerk must permit litigation without payment until a final order finds you ineligible.

How the Fee Waiver Works

You fill out the Pauper's Affidavit form, available from the Court Clerk's office. It asks for:

• Household income from all sources
• Assets (bank accounts, vehicles, property)
• Monthly debts and expenses
• Number of dependents
• Whether you receive public benefits (SNAP, SSI, TANF, Medicaid)

You sign it under oath and submit it to the clerk. The clerk then sets it for a hearing on the court's uncontested docket.

The Hearing

This is the part that catches people off guard. You must appear in person before the judge and testify about your financial situation. The judge may ask questions about your income, how you pay your bills, and whether you have tried to set money aside for court costs.

Bring supporting documents: recent pay stubs, a benefits award letter, bank statements, or a letter from your employer. The more documentation you have, the smoother the hearing goes.

What Gets Waived (and What Doesn't)

After you file the affidavit and make a satisfactory showing, you may litigate without paying the fees and costs provided by 28 O.S. § 152. The clerk must permit this until a final order finds you ineligible.

What it does not automatically cover:

• Sheriff service fees — the $50 sheriff fee is charged separately under 28 O.S. § 152.1, so do not assume the § 152(H) affidavit covers it. Ask the clerk whether your county's rules allow this service charge to be waived and what order is required.
• Later filings — § 152(H) allows litigation without payment until a final order finds you ineligible; it does not say an initial waiver ends after one filing. Ask the clerk about any separate charges for later proceedings.
• Certified mail costs — mailing and postage charges are separate from the fees listed in § 152(H). Ask the clerk whether a local rule or court order covers those service costs.

Read the written order carefully after the hearing so you know which separate service costs it addresses.

If the Judge Denies Your Request

Until the court enters a final order finding you ineligible, § 152(H) directs the clerk to let you litigate without prepayment. If you receive an ineligibility order, contact the clerk immediately to learn what payment is due and when; the statute does not say the case is unfiled until then.

This matters for the statute of limitations. If your deadline is tight and the waiver gets denied, you need to pay immediately or risk losing your claim. Have a backup plan for the fees, even if it means asking a family member or using a credit card, in case the affidavit is denied.

Practical Tips

Submit the affidavit with your Small Claims Affidavit. Section 152(H) directs the clerk to permit litigation without payment until a final order finds you ineligible.

Be honest. Judges see these requests regularly and can spot inconsistencies. Overstating hardship or hiding income undermines your credibility — not just for the fee waiver, but for your case overall.

Ask about certified mail. If the judge grants the waiver, ask whether it includes service costs. Getting this on the record saves a trip back to the courthouse.

For a complete overview of Oklahoma small claims filing fees and what to expect at the courthouse, see our step-by-step filing guide.

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