§ 937.Attorney Fees Taxed As Costs In Actions to Collect On Checks

Chapter 14: Costs · Not amended since adoption on record · Last verified August 3, 2026

In one sentenceSection 937 awards a reasonable attorney fee, taxed as costs, to the prevailing party in an action to collect on a dishonored check or draft, but only if the plaintiff proves a proper pre-suit demand was mailed at least ten days before filing suit.

Full Text of § 937

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In any civil action to enforce payment of or to collect upon a check, draft or similar bill of exchange drawn on a bank or otherwise, payment upon which said instrument has been refused because of insufficient funds or no account, the party prevailing on such cause of action shall be awarded a reasonable attorney's fee, such fee to be assessed by the court as costs against the losing party; provided, that said fee shall not be allowed unless the plaintiff offers proof during the trial of said action that prior to the filing of the petition in the action demand for payment of the check, draft or similar bill of exchange had been made upon the defendant by registered or certified mail not less than ten (10) days prior to the filing of such suit.

End

Amendment History

Laws 1965, HB 1089, c. 466, §1, emerg. eff. 7/12/1965.

Plain-English Summary

This section targets bounced checks. When a check, draft, or similar bill of exchange comes back unpaid for insufficient funds or no account, the party who prevails in an action to collect on it gets a reasonable attorney fee assessed as costs against the losing party.

The fee isn't automatic. The plaintiff must offer proof at trial that a demand for payment went out by registered or certified mail at least ten days before the petition was filed. Without that proof, the fee isn't allowed.

Frequently Asked Questions

Can I recover attorney fees for suing over a bounced check in Oklahoma?

Yes, if you prevail and can prove you sent a demand for payment by registered or certified mail at least ten days before filing suit.

What type of instruments does this section cover?

A check, draft, or similar bill of exchange refused for insufficient funds or no account.

What happens if the plaintiff never made a written demand before suing?

The attorney fee isn't allowed; the statute conditions the fee on proof of a proper pre-suit demand.

Does the losing party always pay this fee?

The fee is assessed as costs against the losing party, once the prevailing party meets the demand-letter requirement.

Source & verification. Section text is reproduced verbatim from Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature. Last verified August 3, 2026. · Official source

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