Oklahoma Process Servers Need to Make Sure to Follow the Laws When Serving
Papers
Since
Oklahoma has very few requirements and no training or education required to
become a process server, there are some important Oklahoma laws process servers
should know about. These laws not only
help ensure that the legal process is administered through a fairer process,
but it doing so will also help keep professional process servers who work in
Oklahoma out of trouble. A few of many
process server laws are explained herein . . .
When
posting documents to doors of people who are being evicted from an apartment or
house, process servers need to take additional actions. Ideally, serving an individual in this case
via personal or substituted service is best.
However, if this is not possible then posting the papers to the door is
generally considered good service, though with one very important caveat. After posting the papers to the door, the
Oklahoma process server must then send the same documents via certified mail to
the same address. Indeed, the process
server should file the original receipts showing that the documents were sent with
via certified mailing, making sure to also keep a copy for his or her clients. If this is not done, a judge is likely to
throw out the service as insufficient, and the client(s) that hired the process
server could suffer.
Another
important law that process servers need to follow is to make sure that if they
say they have actually served someone that they really have. Under Oklahoma law, if a process server
claims to have served a person but has not really done so, then he or she is
guilty of a felony. Thus, process
servers should take great care to actually serve the people they say they have,
and sometimes taking a photo of it happening or having a video camera running
can help keep a process server in the clear later down the road.
Process
servers should also be aware that just because a person does not want to accept
papers or throws them down on the ground, this does not mean that they have not
been served. The state of Oklahoma does
not require people who are being served to have to sign for documents that
process server delivers. If Oklahoma did
require this, most people would never get served!
Another
common sense law that process servers should follow is to make sure that they
always carry their licenses on them when out on official duty. As officers of the court, they have to
identify themselves and present their licenses to those they serve, security
officials, the police, etc., if so asked.
Having the license laminated helps preserve it, but Oklahoma process
servers should take care not to actually give their licenses to anyone other
than law enforcement officials to actually hold, as the people holding them
might get angry and try to destroy them.
These are
just a few of many different kinds of laws that professional process servers
need to follow. There are so many that a
large number of those in the field just do not know about. Knowledge is indeed power, so it is important
that the job is done right! If you have any questions, please feel free to ask the experts at www.OklahomaJudicialProcessServers.com.
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