A fee of Forty-five Dollars ($45.00) shall be charged and collected for the filing of the affidavit for the commencement of any action for an amount of Five Thousand Dollars ($5,000.00) or less. Any action in excess of Five Thousand Dollars ($5,000.00) shall be subject to the filing fees provided in Title 28 of the Oklahoma Statutes for the same kind of action as filed in district court. For the filing of any counterclaim or setoff, fees shall be charged and collected pursuant to Section 152.1 of Title 28 of the Oklahoma Statutes. Except as otherwise provided in Section 1772 of this title, no other fee or charge shall be collected by any officer for any service rendered pursuant to the provisions of the Small Claims Procedure Act, or for the taking of affidavits for use in connection with any action tried pursuant to the provisions of the Small Claims Procedure Act. If the affidavit and order are served by the sheriff or a licensed private process server, the court clerk shall collect the usual fee for the sheriff, which shall be taxed as costs in the case. The fee paid to a licensed private process server, as approved by the court, shall be taxed as additional costs in the case. After judgment, the court clerk shall issue such process and shall be entitled to collect only such fees and charges as are allowed by law for like services in other actions. All fees collected as authorized by this section and Section 1772 of this title shall be deposited with other fees that are collected by the district court. Any statute providing for an award of attorney fees shall be applicable to the small claims division if the attorney makes an appearance in the case, whether before or after judgment or on hearing for disclosure of assets.
§ 1764.Fees
Chapter 36: Small Claims Procedure Act · Last amended November 1, 2017 · Last verified August 3, 2026
In one sentenceSets the small claims filing fee at $45 for claims of $5,000 or less (with standard Title 28 fees above that), fixes counterclaim filing fees, service fees, and post-judgment process fees, and confirms attorney-fee statutes apply once an attorney appears in the case.
Full Text of § 1764
Amendment History
Amended by Laws 2017, c. 389, s. 4, eff. 11/1/2017. Amended by Laws 1982, HB 1887, c. 256, § 1, eff. 10/1/1982; Amended by Laws 1983, HB 1393, c. 273, § 2, emerg. eff. 7/1/1983; Amended by Laws 1987, SB 65, c. 181, § 9, emerg. eff. 7/1/1987; Amended by Laws 1988, HB 1748, c. 78, §3, eff. 11/1/1988; Amended by Laws 1988, HB 1406, c. 327, §1, emerg. eff. 8/1/1988; Amended by Laws 1989, HB 1085, c. 81, § 3, eff. 11/1/1989; Amended by Laws 1989, SB 357, c. 205, § 3, eff. 11/1/1989; Amended by Laws 1989, HB 1626, c. 353, §12, emerg. eff. 6/3/1989; Amended by Laws 1997, SB 570, c. 400, §3, emerg. eff. 7/1/1997; Amended by Laws 2003, SB 81, c. 440, §2, emerg. eff. 7/1/2003; Amended by Laws 2004, SB 1146, c. 447, §3, emerg. eff. 6/4/2004.
Note
Laws 1989, c. 81, § 3 repealed by Laws 1989, c. 353, § 12, emerg. eff. June 3, 1989.
Plain-English Summary
Section 1764 lays out the fee schedule for small claims cases. Filing the affidavit that starts an action for $5,000 or less costs $45; anything above $5,000 is charged the regular Title 28 filing fees that apply to the same kind of case in district court. Filing a counterclaim or setoff costs whatever Section 152.1 of Title 28 sets. Apart from those fees and the ones described in Section 1772, no officer may collect any other fee or charge for small claims services.
Service costs get taxed as costs in the case: the usual sheriff's fee if the sheriff serves the papers, or a court-approved licensed private process server's fee if one is used instead. After judgment, the clerk can only collect the fees and charges allowed by law for similar services in other actions. All the fees this section and Section 1772 authorize get deposited with the district court's other collected fees, and any statute authorizing attorney fees applies in small claims cases once an attorney appears -- whether before or after judgment, or at a hearing to disclose assets.
Frequently Asked Questions
How much does it cost to file a small claims case in Oklahoma?
$45, if the claim is $5,000 or less. Above $5,000, the case is charged the regular Title 28 filing fees for that kind of district court action.
Is there a fee to file a counterclaim in small claims court?
Yes -- Section 1764 charges whatever fee Section 152.1 of Title 28 sets for that filing.
Do I pay extra if the sheriff serves the papers instead of certified mail?
Yes -- the sheriff's usual fee, or a licensed private process server's court-approved fee, gets taxed as additional costs in the case.
Can I recover attorney fees in a small claims case?
Any statute that allows an award of attorney fees applies in the small claims division once an attorney appears in the case, whether that's before or after judgment, or at a hearing on disclosure of assets.
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 filing fee oklahomahow much does it cost to sue in small claims oklahomacounterclaim filing fee oklahoma12 O.S. § 1764