Failure to Respond Could Lead to a Default Motion
Video Transcribed: Service of process. What if they refuse a certified letter delivery? My name is James Wirth. I am a lawyer in Oklahoma. That’s the topic that we have.
It’s regarding Oklahoma cases, when you file suit, you’ve got to get service of process that’s noticed to the people that are being sued. There are a few different ways to do that. You can do process server, you can do certified mail, you can do publication under the right circumstances. If you’re doing certified mail and you send that out, there are a few things that have to be done.
Quick on that, and first off, these rules are statutory. They’re easy to find. They’re in Title 12, section 2004, and it talks about certified mail in subsection C2. When you send it certified mail, it’s got to be certified mail, return receipt requested and delivery restricted to the addressee. Those are the rules on that.
What if they refuse the delivery? Well, that is clear in the code as well. It says service by mail shall be affected on the date of the receipt or if refused on the date of the refusal of the summons and petition by the defendant. Furthermore, it talks about return receipts showing acceptance by the defendant, or a return element envelope showing refusal of the process by the defendant is good service. Now, it not only has to be signed or refused by the person it’s addressed to as long as it’s written by restricted delivery to that person, anyone in that household who resides there who is 15 years or older, if they are signing or refusing it, then that is a refusal that counts for proper service. What happens if you send a service of process through certified mail and then it comes back and has been refused?
As long as you have that return card that says on there it’s been refused. Sometimes they say, couldn’t be delivered or other things, that’s not going to be good enough, but if it says refused on there, and it is from the address of where the person that you’re assuming resides and it is refused or accepted by that person or by somebody 15 years or older who lives there, that is good service. If they don’t file an answer within the statutory period of time, then you can file a motion to default them for failing to participate in the case.
If you got questions about a civil case in the state of Oklahoma, you’re going to want to talk to a Tulsa legal attorney about your specific circumstances privately and confidentially. To get that scheduled with somebody at my office, you go online to makelaweasy.com.
