§ 1757.Transfer of Actions From Small Claims Docket to Another Docket
Chapter 36: Small Claims Procedure Act · Last amended November 1, 2017 · Last verified August 3, 2026
In one sentenceLets a small claims defendant move to transfer the case to a regular docket -- discretionary for claims under $7,500, mandatory at $7,500 or more -- on 48 hours' notice and a $50 deposit, then sets new pleading deadlines and attorney-fee consequences once the case moves.
A.For matters in which the claim is less than Seven Thousand Five Hundred Dollars ($7,500.00):
1.On motion of the defendant, a small claims action may, in the discretion of the court, be transferred from the small claims docket to another docket of the court; provided, that the motion is filed and notice is given by the defendant to the opposing party or parties by mailing a copy of the motion at least forty-eight (48) hours prior to the time fixed in the order for defendant to appear or answer; and provided, further, that the defendant deposit the sum of Fifty Dollars ($50.00) as the court cost; and
2.The motion to transfer shall be heard at the time fixed in the order and consideration shall be given to any hardship on the plaintiff, complexity of the case, reason for transfer, and other relevant matters. If the motion is denied, the action shall remain on the small claims docket.
B.For matters in which the claim is Seven Thousand Five Hundred Dollars ($7,500.00) or more, on motion of the defendant, a small claims action shall be transferred from the small claims docket to another docket of the court; provided, that the motion is filed and notice is given by the defendant to the opposing party or parties by mailing a copy of the motion at least forty-eight (48) hours prior to the time fixed in the order for defendant to appear or answer; and provided, further, that the defendant deposit the sum of Fifty Dollars ($50.00) as the court cost.
C.If the motion is granted, the defendant as movant shall present within ten (10) days and the court shall cause to be filed an order on a form prepared by the Administrative Office of the Courts transferring the action from the small claims docket to another docket. If the transfer order is not filed by the movant within ten (10) days, it shall be reinstated upon the small claims docket upon motion of the small claims plaintiff, and no further transfer shall be authorized. Before the transfer is effected, the movant shall deposit with the clerk the court costs that are charged in other civil cases under Sections 151 through 157 of Title 28 of the Oklahoma Statutes, less any sums that have already been paid to the clerk. After this filing, the costs and other procedural matters shall be governed as in other civil actions, and not under small claims procedure.
D.Within twenty (20) days of the date the transfer order is signed, the plaintiff shall file a petition that conforms to the standards of pleadings prescribed by the Oklahoma Pleading Code. The answer of the defendant shall be due within twenty (20) days after the filing of the petition and the reply of the plaintiff in ten (10) days after the answer is filed.
1.For matters in which the claim is less than Seven Thousand Five Hundred Dollars ($7,500.00), if the plaintiff ultimately prevails in the action so transferred by the defendant, a reasonable attorney fee shall be allowed to plaintiff's attorney to be taxed as costs in the case, in addition to any sanctions which the court may deem appropriate.
2.For matters in which the claim is Seven Thousand Five Hundred Dollars ($7,500.00) or more, if attorney fees are otherwise allowed by law, a reasonable attorney fee shall be allowed to be taxed as costs in the case, in addition to any sanctions which the court may deem appropriate.
Amendment History
Amended by Laws 2017, c. 389, s. 2, eff. 11/1/2017.
Laws 1968, SB 536, c. 322, § 7; Amended by Laws 1970, HB 1703, c. 266, §1, emerg. eff. 7/1/1970;
Amended by Laws 1974, SB 407, c. 128, §2; Amended by Laws 1975, HB 1087, c. 341, § 1; Amended by
Laws 1978, HB 1518, c. 212, §1, emerg. eff. 7/1/1978; Amended by Laws 1985, SB 129, c. 284, §1, eff.
11/1/1985; Amended by Laws 1993, HB 1771, c. 210, §2; Amended by Laws 1994, SB 1076, c. 343, §9, eff.
9/1/1994.
Plain-English Summary
Section 1757 governs moving a case off the small claims docket. For claims under $7,500, the court has discretion to grant a transfer, weighing hardship to the plaintiff, the case's complexity, the reason given, and other relevant factors; if the motion is denied, the case stays in small claims. For claims of $7,500 or more, a defendant's motion to transfer must be granted. Either way, the defendant has to file the motion, mail notice to the other side at least 48 hours before the time set for appearing or answering, and deposit $50 in court costs.
Once a transfer is granted, the defendant has 10 days to present -- and the court to file -- an Administrative Office of the Courts transfer order; miss that deadline and the case goes back to the small claims docket with no further transfer allowed. Before the transfer takes effect, the defendant deposits the standard civil filing costs, less anything already paid. The plaintiff then has 20 days to file a formal petition, the defendant 20 days after that to answer, and the plaintiff 10 days after the answer to reply.
Transferring the case can cost the defendant in fees. If the plaintiff ultimately wins a case the defendant transferred out of small claims, the court taxes a reasonable attorney fee as costs -- guaranteed for claims under $7,500, and available for claims of $7,500 or more if attorney fees are otherwise allowed by law -- on top of any sanctions the court sees fit to impose.
Frequently Asked Questions
Can a defendant force a small claims case out of small claims court?
Only if the claim is $7,500 or more -- then the court must grant the transfer. Below $7,500, the transfer is up to the court's discretion.
What does a defendant have to do to request a transfer?
File a motion, mail notice to the other party at least 48 hours before the time set to appear or answer, and deposit $50 in court costs.
What happens to the case after it's transferred?
The plaintiff must file a formal petition within 20 days of the transfer order, the defendant answers within 20 days after that, and the plaintiff replies within 10 days after the answer.
Do I owe attorney fees if I transfer the case and then lose?
If the plaintiff wins after the defendant transferred the case out of small claims, the court taxes a reasonable attorney fee as costs -- automatically for claims under $7,500, or if fees are otherwise allowed by law for claims of $7,500 or more -- plus any sanctions the court imposes.
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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