Oklahoma Notice - served with Complaint and Summons
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How to fill out Notice - Served With Complaint And Summons?
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FAQ
A process server must be 18 years of age or older. A process server cannot have committed a felony in Oklahoma or another state. A process server must pay all fees, submit the appropriate application, and execute a $5000 bond with the state.
But, now that you filed the lawsuit, you have to let the defendant know formally that you are suing. This is called "service". You have to have all papers "served" on every party in the whole lawsuit. To start your case, you have to have the defendant served with a Summons, Complaint and Civil Lawsuit Notice.
THE CURRENT RULES OF SECTION 2004(I) In summary, the current structure of Section 2004(I) requires plaintiffs to serve their defendants within 180 days of filing their petition. If they cannot timely serve a defendant, they must make an evidence-based showing of good cause before that 180-day time limit expires.
Generally speaking, if you were not served then the court can not take legal action against you. Process servers are required to show proof of due diligence when attempting to serve legal documents.
However, a defendant must be properly served with the lawsuit in both small claims and regular civil lawsuits. If a plaintiff files a small claims lawsuit and is unable to locate the defendant, it may take two to three months before the judgment is rendered by the court.
Under Oklahoma law, a summons must contain the following: The court clerk's signature. The court's seal. The name of the court. The names of the parties. The name and address of the plaintiff's attorney (if he has one) If the plaintiff does not have an attorney, the summons must state the plaintiff's address.
Service of a subpoena by mail may be accomplished by mailing a copy thereof by certified mail with return receipt requested and delivery restricted to the person named in the subpoena.
In most instances, Oklahoma plaintiffs have a two-year limit from the date of the incident in which to file a lawsuit. Exceptions include defamation (libel or slander) at one year, five years for rent and debt collection or written contracts, and three years for judgments and oral contracts.
