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.

Oklahoma Process Servers Should Not Expect Much Help from the Police

Oklahoma Process Servers Should Not Expect Much Help from the Police

            Oklahoma process servers would be well advised to know in advance that they should not expect the police to assist them with most aspects of their official duties.  Part of this can be understandable, as the police are limited both in their available resources and manpower.  Likewise, the county sheriff’s department will, for a fee, also serve papers as well.  However, there are other aspects of process serving in which one would think the police should provide assistance for process servers in Oklahoma.

            One very import aspect in a process server’s work in being able to get the papers served in a timely manner.  Sometimes businesses such as Dell Computers or QuadGraphics will intentionally lie and claim a person is not there and/or will even help an employee try to evade service.  This is not only illegal, but it is highly unethical.  However, since the companies and the people that work for them are violating civil laws instead of criminal ones, they will refuse to help.  Indeed, perhaps they have a point in not getting involved in civil laws, but the police can still have their uses and be helpful to Oklahoma process servers who are in need of assistance.

            If a process server is ever threatened with physical harm or if people – certain employees of companies such as Dell and QuadGraphics or the people inside who are being served – try to hurt a process server while he or she is performing his or her duties, then the matter turns from a civil case to a criminal one.  In this case the police can and often will come out to assist a process server who has been harmed or has been threatened with bodily injury, etc.  Their duty, after all, is to protect and to serve, and they are obligated to do so.

            Sometimes private individuals, heavy-handed security guards, and others will attack or try to otherwise inflict harm upon process servers, and the police can intervene and make arrests as necessary.  Process servers should always take great care to carry their licenses at all times and follow the laws, so that they do not find themselves in trouble instead.

            Process servers in Oklahoma should also carry copies of the Federal Rules of Civil Procedure and the Oklahoma Rules of Civil Procedure on them at all times.  Sometimes the local police have no clue about the laws pertaining to process servers and what they can and cannot do.  Process servers often have to diplomatically educate them on-site, but even then the police do not always care.  After all, they are the “police” and who is a “process server” to tell them about the laws!?  Some of the outstanding process servers at www.OklahomaJudicialProcessServers.com have sometimes experienced this from the Edmond Police Department and others.

            As a general rule of thumb, Oklahoma process servers should still try to maintain excellent relations with the police and the departments from which they come.  While they are often less than helpful, they still have their uses, on occasion, when some people get violent.  An Oklahoma process server who knows in advance the extent to which the police will and will not help them will find that they have a much easier time not expecting too much assistance when they need it most.