Saturday, August 4, 2012

Oklahoma Process Servers Need to Make Sure to Follow the Laws When Serving Papers


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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