Oklahoma § 12-1759 - Claim, counterclaim, or setoff maximum dollar value

§ 12-1759. Claim, counterclaim, or setoff maximum dollar value

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.

B. If the action is transferred to another docket of the

district court, the plaintiff shall file a petition that conforms to

Oklahoma Statutes - Title 12. Civil Procedure

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.

Added by Laws 1968, c. 322, § 9, eff. Jan. 13, 1969. Amended by

Laws 1976, c. 253, § 2, eff. Oct. 1, 1976; Laws 1981, c. 240, § 2,

eff. Oct. 1, 1981; Laws 1983, c. 273, § 1, operative July 1, 1983;

Laws 1989, c. 81, § 2, eff. Nov. 1, 1989; Laws 1995, c. 136, § 3,

eff. Nov. 1, 1995; Laws 1996, c. 339, § 3, eff. Nov. 1, 1996; Laws

2005, c. 122, § 1, eff. Nov. 1, 2005; Laws 2012, c. 282, § 2, eff.

Nov. 1, 2012; Laws 2017, c. 389, § 3, eff. Nov. 1, 2017.