A. Except as provided by subsection C of this section, if a claim, a counterclaim, or a setoff is filed, prior to the expiration of the time prescribed by Section 1758 of this title, for an amount in excess of Ten Thousand Dollars ($10,000.00), the action shall be transferred to another docket of the district court unless both parties agree in writing and file the agreement with the papers in the action that the claim, counterclaim, or setoff shall be tried under the small claims procedure. If such an agreement has not been filed, a judgment in excess of Ten Thousand Dollars ($10,000.00) may not be enforced for the part that exceeds Ten Thousand Dollars ($10.000.00). If the action is transferred to another docket of the district court, the person whose claim exceeded Ten Thousand Dollars ($10,000.00) shall deposit with the clerk the court costs that are charged in other cases, less any sums that have been already paid to the clerk, or the claim shall be dismissed and the remaining claims, if any, shall proceed under the small claims procedure.
§ 1759.Claim, Counterclaim, Or Setoff Maximum Dollar Value
Chapter 36: Small Claims Procedure Act · Last amended November 1, 2017 · Last verified August 3, 2026
In one sentenceCaps small claims exposure at $10,000 -- a claim, counterclaim, or setoff filed above that amount sends the case to a regular docket unless both parties agree in writing to try it under small claims procedure, and any judgment above $10,000 is unenforceable for the excess absent that agreement.
Full Text of § 1759
B. If the action is transferred to another docket of the district court, the plaintiff shall file a petition that conforms to the standards for pleadings prescribed by the Oklahoma Pleading Code, Section 2001 et seq. of this title, within twenty (20) days from the timely filing of the claim, counterclaim, or setoff. The answer of the defendant shall be due within twenty (20) days after the filing of the petition.
C. Except as provided by Section 1757 of this title, if a defendant does not file a counterclaim within the period prescribed by Section 1758 of this title, the action shall not be transferred to another docket of the district court.
Amendment History
Amended by Laws 2017, c. 389, s. 3, eff. 11/1/2017. Added by Laws 1968, SB 536, c. 322, § 9, eff. 1/13/1969; Amended by Laws 1976, HB 1819, c. 253, § 2, eff. 10/1/1976; Amended by Laws 1981, HB 1120, c. 240, §2, eff. 10/1/1981; Amended by Laws 1983, HB 1393, c. 273, §1, emerg. eff. 7/1/1983; Amended by Laws 1989, HB 1085, c. 81, § 2, eff. 11/1/1989; Amended by Laws 1995, SB 404, c. 136, § 3, eff. 11/1/1995; Amended by Laws 1996, SB 1261, c. 339, §3, eff. 11/1/1996; Amended by Law 2005, HB 1346, c. 122, §1, eff. 11/1/2005; Amended by Laws 2012, SB 1196, c. 282, §2, eff. 11/1/2012.
Plain-English Summary
Section 1759 sets the dollar ceiling for small claims procedure. If a claim, counterclaim, or setoff filed within Section 1758's deadline exceeds $10,000, the case moves to another docket of the district court -- unless both parties file a written agreement to keep trying it as a small claims case. Without that agreement, a judgment above $10,000 can't be enforced for the part that exceeds the cap.
When a case is transferred for this reason, whoever's claim exceeded $10,000 has to deposit the standard court costs (less anything already paid), or that claim gets dismissed and any remaining claims proceed under small claims procedure. Once transferred, the plaintiff has 20 days from the timely filing of the oversized claim, counterclaim, or setoff to file a petition that conforms to the Oklahoma Pleading Code, and the defendant then has 20 days to answer.
The flip side also applies: except as Section 1757 provides, if the defendant doesn't file a counterclaim within Section 1758's deadline, that alone doesn't send the case to another docket.
Frequently Asked Questions
What happens if a counterclaim in small claims court is worth more than $10,000?
The case moves to another docket of the district court, unless both parties file a written agreement to keep trying it under small claims procedure.
Can I still collect more than $10,000 from a small claims judgment?
Only the part up to $10,000 is enforceable, unless both parties agreed in writing to try the full amount under small claims procedure.
Who pays the court costs if the case gets transferred for exceeding $10,000?
The party whose claim exceeded $10,000 deposits the standard district court costs, less any amount already paid, or that claim is dismissed and any remaining claims proceed under small claims procedure.
Does filing any counterclaim automatically move my case out of small claims court?
No -- under subsection C, if the defendant doesn't file a counterclaim within Section 1758's deadline, the case isn't transferred on that basis, subject to Section 1757.
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
Also known as: small claims $10,000 limit counterclaim oklahomajudgment over small claims limit oklahomaagree to try case small claims procedure12 O.S. § 1759