Forcible Entry and Detainer (F.E.D.)

Forcible Entry and Detainer (Evictions) are filed in Small Claims court for up to $10,000.00 and an attorney is not necessary. You CANNOT mail in a new case for eviction. It must be filed in person to ensure service in a timely manner.

Forcible Entry and Detainer (Evictions) are given a hearing date no less than 5 and no more than 10 days from the date of filing. The summons must be served either by a private process server or by the Canadian County Sheriff. The summons may be served to the defendant by posting a copy on the premises five (5) days prior to the hearing date. The summons may also be served in person or to a member of the household (15 years of age or older), no less than three (3) days prior to the hearing date.

Filing Fees

$58.00 if money amount suing for is $0.00 to $5,000.00; $141.64 if money amount suing for is $5,000.01 to $10,000.00;

Service Fees

$61.00 for Sheriff's Service

If you choose to have a service done by a private process server, you must contact them yourself. A list is provided in the Court Clerk's office or on this website. You may also go to the Oklahoma State Courts Network website for a list of all statewide private process servers.

Writ of Execution

$126.64 for the Writ of Execution which includes the Sheriff's Service

Once you receive judgment and possession of the residence if the defendant still refuses to vacate the residence you may file a Writ of Execution. This is an order for the Sheriff to assist you in removing the defendant and change the locks on the residence. Only the Sheriff can conduct this service.

Affidavit as to Military Service

Required by Federal Statute: The Service Members Civil Relief Act (SCRA), 50 App. U.S.C. 521 et seq. requires that in any action or proceeding covered by this section, the court, before entering judgment for the plaintiff, shall require the plaintiff to file with the court an affidavit stating whether or not the defendant is in military service and showing necessary facts to support the affidavit.

The DMDC website is a free website where you can do a search to check if a person is of military status. An error page may appear before you can access the website. If the error page does appear, click the option "continue to this website (not recommended)." Disregard the "not recommended" comment as the website is okay to access.

The Affidavit as to Military Service must be filed prior to your hearing date and time. You may bring it to be filed on the day of your hearing. The link to the Affidavit is shown below along with the other forms required for filing a Forcible Entry and Detainer. Please remember to bring copies of the documents with you as you will be charged for copies if we have to make them for you.


For a copy of the Oklahoma Non-Residential/Residential Landlord and Tenant Acts, visit the Oklahoma Real Estate Commission website  or you may contact:
Oklahoma Real Estate Commission
4040 N Lincoln
Suite 100
Oklahoma City, OK, 73105
Phone: (405) 521-3387