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FREQUENTLY ASKED QUESTIONS
We know that you’re going to have a lot of questions when it comes time to choose a program that best suits your needs. If what you need to know is not included here, please feel free to reach out to us.
FOR ATTORNEYS
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Process Serving
Our professional Oklahoma Process Servers produce fast, accurate, and legally compliant results. We generally send all jobs out for service within 24 hours of receipt, at no additional charge, where possible. But our standard time frame is 3-5 days. Rush fees are separate. We also offer same day and expedited services for those cases with special needs for an additional but affordable fee.
We serve process in all 77 counties in the State of Oklahoma, at residences, businesses, on Indian reservations, governmental or military facilities, and at hospitals, jails, and prisons where permitted by law.
We handle process in the following categories:
General Civil Litigation
- Summons and Complaints
Real Estate
- Foreclosure documents,
- Eviction Notices / 30 Day Notice (s) to Correct or Vacate
- Landlord and Tenant Documents
- Bank levies
- Wage garnishments
Family Law
- Divorce papers
- Paternity determination
- Child support
- Custody
- Visitation papers
Government
- Local and Federal government offices
Pro Se (For individuals representing themselves)
- Landlord & Tenant
- Small Claims & Various Federal Lawsuits
Document Retrieval
We can retrieve your court, litigation, and regulatory documents directly from the court so you can focus on your case.
Court Filing
Because we are in and out of the courts frequently, we can file court documents on your behalf, including the Proof of Service Affidavit. We do not automatically provide an Affidavit of Attempted Service unless requested.
Notary Services
All of our Proof of Service Affidavits in Oklahoma are notarized. This service is included at no additional charge. If you require other Notary services, our State Commissioned Notary Public is authorized to certify documents, administer oaths, take acknowledgements, and depositions.
Skip Tracing
We’re able to assist you in locating individuals, especially those seeking to avoid process. This incurs a separate charge.
Oklahoma Court Service offers rush 1-hour delivery, same day delivery, routine, and special delivery options.
Rush – 1 Hour
With this delivery option, Oklahoma Court Service will immediately pick up your document from you, your law firm, or from the Court and aggressively, but professionally, attempt in-person or substituted service as directed within 1-hour from receiving the documents to be served on the respondent.
Delivery within an hour is not Guaranteed, only the attempt at Service.
Same Day Delivery
With this delivery option, Oklahoma Court Service will attempt delivery within the same day of receiving the documents.
Routine Delivery
With this delivery option, Oklahoma Court Service will attempt delivery on a routine standard schedule within the Statutory requirements. We will do our best to get docs dispatched right away, but our standard attempts start in 3-5 days, but may take longer. We bill out at three attempts per contract, and these may be spread out and attempts made at different times. We are happy to work with you on scheduling. We cannot guarantee delivery, or a specific date.
Special Circumstances Delivery
We recognize that you may have special requirements, such as pressing deadlines, having to deal with a mentally unstable or dangerous respondent, or a respondent who has eluded service. We accept cases such as these, and are happy to work with you to accomplish your service goals.
Per Oklahoma law, all of our Process Servers operating in the State of Oklahoma are licensed and bonded.
In most cases, Oklahoma Court Service will not charge you additional service of process fees to deliver paperwork to multiple parties provided they are at the same address. Please speak with a customer service representative at the time of booking about this.
Yes. Oklahoma Court Service offers special volume pricing to attorneys and firms who require 50 or more serves per month. Please contact us for more details.
FOR NON-ATTORNEYS
An Oklahoma Process Server is a disinterested party licensed as an Officer of the Court to serve civil process on individuals, businesses, and governmental agencies. Process Servers in Oklahoma must go through a formal licensing process, which is authorized by a Judge. All Process Servers in Oklahoma must follow the Oklahoma Rules of Civil Procedure. Some licensed Process Servers in the State of Oklahoma may only be licensed in a specific county or a few counties. Oklahoma Court Service Process Servers are able to serve in any county in the State of Oklahoma.
Service of process is a legal procedure by which a party to a lawsuit gives the other party an appropriate notice of initial legal action or administrative body in an effort to exercise jurisdiction over that person or entity, so as to enable that person to respond to the proceeding accordingly.
Yes, all licensed Process Servers in the State of Oklahoma must be bonded. There are no legal requirements to carry additional insurance, though many professional Process Servers do. Oklahoma Court Service Process Servers comply with all laws related to their duties as an Officer of the Court.
In Oklahoma, there are several ways to effect service on an individual, business entity, or governmental agency. Generally speaking, Process may be served by certified mail (in limited cases), by a Sheriff’s Deputy, or by a Licensed Process Server, who acting as a private Officer of the Court for the purposes of serving documents hand-delivers them. In some cases, those documents my be Posted or Published.
Each method to Serve Process has advantages and disadvantages, so it’s important that consider your options and make a decision that is most appropriate for your case. The benefit of booking a Licensed Process Server is speed and efficiency. Oklahoma Court Services always sends a Process Server out within 24 hours of receiving a booking, unless you option faster service. We also Notarize all Proof of Service Affidavits at no additional cost.
By Mail
The least costly method to serve papers, is by sending them by US Mail. You must request a signature, as non-certified delivery is generally not considered “good service” by the Courts. Once you’ve mailed it, you will need to file the Return Receipt (a green card) with your Court Clerk. However, this method cannot be utilized in all cases, and it has some significant draw backs. Namely, the individual may simply not sign for the delivery. This method is easy to avoid, especially now that the person being served has been tipped off to the situation. This is one of the reason why Process Servers are favored by most Attorneys.
Substitution of Service
In some cases, the Courts require the documents to be served personally. This means, by hand delivery. In those cases, the Process Server will file a sworn statement in the form of an Affidavit with the Court attesting to the delivery. In such cases, you cannot send the documents by mail.
In Oklahoma, a Process Server may also leave the documents with a person at the location who is at least 15 years or older (i.e., family member, roommate, friend, colleague, et cetera.). That person must reside with the individual or work at the business or governmental agency being served.
Sheriff’s Deputy
Every county is served by a Sheriff’s Department, they can provide this service. However, it’s important to remember that like all Government agencies, they have considerable responsibilities that divide their time and dictate their priorities. The complaint most often heard is that it takes too long, and that many Deputies tasked with delivering civil court documents will make a very minimal effort to effect service. This of course is not a universal complaint, but it is one that is often echoed among the legal community, and well worth considering. Further, they will not wait or stake-out a location if the person they are trying to serve happens to not be home, which is quite often the case. Do your own research, so you can make an informed decision.
Officer of the Court
Oklahoma law empowers individuals to become an Officer of the Court for the purposes of serving civil court documents. Known as Process Servers, these private individuals are licensed by the court and provide a valuable service to the community by ensuring important documents are delivered to the right people, so those parties can execute their rights under the law. Oklahoma Court Service employees are well trained and very experienced at locating individuals and effecting “good service” for your case.
Posting Notice
An Oklahoma Process Server or county Sheriff’s Deputy, when allowed by the Court, may post documents to a door where the person or entity being served can see them. In such cases, where permitted by a Judge, the Process Server or Deputy must also mail the documents.
Service By Publication
In rare instances, the Court will allow you to “serve” the documents by publishing notice in a local news paper. This is a last resort, and normally the result of a sustained and concentrated effort to effect service on someone who is evading that service. In other words, you must first demonstrate that you’ve taken all possible steps to serve the individual, business, or governmental agency. Only then can you request a Judge allow service by publication.
Each jurisdiction has rules regarding service of process. Typically, a summons and other related documents must be served upon the defendant personally, or in some cases upon another person of suitable age and discretion at the person’s residence or place of business or employment. In some cases, service of process may be effected through the mail as in some small claims court procedures. In exceptional cases, other forms of service may be authorized by procedural rules or court order, including service by publication when an individual cannot be located in a particular jurisdiction.
In Oklahoma, this is governed by Title 12. Civil Procedure, Chapter 39 – Oklahoma Pleading Code. Section 2004
Licensed Process Servers
According to Oklahoma law, you have the right to hire a licensed process server to deliver your court documents. Oklahoma Court Service process servers are fully licensed and bonded, and we can assist you in you in ensuring you have effective service for the court to proceed on your case.
While Court Documents (Process) can be served upon a defendant in Oklahoma in a variety of ways, the most effective way to demonstrate to the Court that the other party has been properly afforded their rights under the law to be notified of a case, is to have a Process Server personally deliver the documents to the defendant. Our fast, reliable, integrity-based delivery service ensures you meet your legal requirements. It is important to remember that Process Servers in Oklahoma are “disinterested third parties”, are impartial, have no relationship with either party, and are in no way connected to the case. When a Process Server signs a Proof of Service Affidavit, they do so attesting to these facts under penalty or perjury.
That is your decision, but you may wish to consider giving up the element of surprise if you think the other party will attempt to evade service. The short answer is, it just depends. Unless you’re required to give notice by law in advance, it is probably best to not telegraph your intentions. In such cases where the other party has been given notice, it can be much more difficult for process to be served.
All of our Process Servers are highly experienced professionals who work diligently on your behalf to ensure the other party is properly served. However, in some cases, personally delivering the documents to a Defendant may prove difficult or impossible. Per our contract, the fee we charge cover attempts to serve. The more information you can provide us, the greater our chance at effecting service. The good new is, we have a 100% success rate when we’ve been provided accurate details by clients. This is where you play a significant role; the more you can give us, the higher the likelihood of service.
As you can appreciate, the rules that govern Service of Process are intentionally designed to avoid a conflict of interest. If you served the papers yourself in person, you may be in violation of those rules. As an attorney to be sure. It is important to remember that Process Servers in Oklahoma are “disinterested third parties”, are impartial, have no relationship with either party, and are in no way connected to the case. When a Process Server signs a Proof of Service Affidavit, they do so attesting to these facts under penalty or perjury. Further, our Affidavits are Notarized at no additional charge.
Attempts at Service
Generally, our Process Servers in Oklahoma make at least three attempts to serve papers personally on an individual. These attempts are normally made at different times during the day, and on different days to maximize our chance of serving the papers. The more information you can provide about the individual being served, such as routines or work schedule, the better our chances of personally serving them.
Out of State Documents
Yes, in most cases. If you are suing a defendant from another state, and they are in the state of Oklahoma, our Process Servers can serve them here.
Uniform Interstate Deposition and Discovery Act
For state-level cases, you should consider The Uniform Interstate Deposition and Discovery Act (UIDDA), which was enacted to allow a fairly simple and straight forward process for issuing subpoenas across state lines, or ‘domesticating the subpoena.’ Over 30 states and Washington D.C. have adopted this standard for working together on domesticating subpoenas.
Under the UIDDA, the original subpoena is issued and then you must contact a clerk in the destination state to request a subpoena for the individual residing there. That clerk will then issue a subpoena to the named individual, in the destination state. Normally, the witness can give their deposition in their state of residence and does not have to travel to the state where the case is being held. If the destination state does not recognize the UIDDA, a different process is used. Talk to your attorney about this process, and when you’re ready, we’ll be happy to serve the documents for you.
It’s not uncommon for parties to a court case to take active steps to avoid being served process. When someone is evading service, we will work with you to locate them and take the necessary steps to effect service. In some cases, this may require our Process Servers in Oklahoma to conduct skip tracing using a wide range of resources, such as databases and other technology to locate the individual. We have a 100% location and personal service rate in the State of Oklahoma.
Our goal is to effect Service as quickly as possible. All Service is assigned within 24 hours, at no additional charge. To ensure we are able to serve the individual or entity, it is important you provide appropriate details for us to identify them. The more information you can provide us about the individual that needs to be served, the better we can do our job. Here are some examples of data that we will ask you for, that will help our Oklahoma Process Servers deliver the papers as soon as possible.
- Full Name
- Last Known Address
- Nature of Case
- Deadline of Delivery
- Physical Description
- Photographs
- Social Media Accounts
- Vehicle Description and License Plate Number
- Work Schedule
After we’ve served them, we’ll complete an Affidavit of Personal Service and either return it to you, or file it in the Court on your behalf if you’ve requested that additional service. If you cannot help us with information we need to find someone, it may impact service times or effectiveness.
Skip Tracing is the process of attempting to locate an individual whose whereabouts are currently unknown so a process server can effect service.
Oklahoma Court Service Process Servers will serve papers on any individual or entity, in any jurisdiction allowed by Oklahoma law.
You cannot effect process by personally delivering papers to a post office, unless you happen to make contact with the individual there because they work at the Post Office or happen to be picking up their mail. A PO Box offers a measure of privacy and protection, but if you have the individual’s PO Box number, we can obtain their registered address from the United States Post Office per Federal Law.
Our Oklahoma Process Servers do not conduct “stake outs” per se, but they will wait for an individual to turn up to their address statewide, 24 hours a day, 7 days a week. There is an additional hourly charge associated with this service, which can be found in our Fees Schedule
We specifically ask these kinds of questions from clients when they book service of process. It is imperative that you share any knowledge you have about an individual who could potentially be mentally ill or dangerous. We take the safety of our Process Servers very seriously, and so should you. Intentionally withholding this kind of vital information unnecessarily places our Oklahoma process servers in harm’s way, and opens you up to considerable liability should anything happen. The best way for us to reduce risk after all, is to be properly informed before hand. This allows us to make appropriate decisions with regard to our safety strategy when we serve process upon the individual/s in question. Please note that if you fail to notify us about potential risks that you knew about, we will add additional fees to your bill that will be substantially higher than it would have been if you had simply appropriately notified us in advance.
We complete the Affidavits roughly 24-48 hours after Service of Process has been effected. A hard copy will be mailed to you by standard First Class Mail unless you request an upgrade to this service. Additionally, we will scan and email you a copy.
All Affidavits issued by our Process Servers are Notarized at no additional cost.
We can, yes. This is an additional service. If this is something you require, we will file the Affidavit for you. Please let us know when you complete the Booking form. You can check out our Fee Schedule for the cost.
While we make every effort to send all documents out for service about 24 hours after a booking at no additional charge during the work week, our standard service generally takes anywhere between 3 and 7 days if we are able to find the person/s, depending on how busy we are and how many attempts must be made to effect the service. It may take longer, as we cannot control all factors involved in attempting service. You can also pay a rush fee for one-hour or same-day attempts at service, which adds that level of priority service to your booking. However, please note these are for an attempt at service; the fees do not guarantee service within one hour or one day. Subsequent attempts may be required if the individual is not available, or cannot be located because they are attempting to evade service.
Your fee covers attempts at service at a singular address. Any additional addresses will require an additional fee. Please see our Fee Schedule.
Yes, in most cases we can. However, there are additional protocols that must be followed and in some cases we may have to charge an additional fee because we have to obtain permission from the base’s Provost Marshall Base or the Commander’s office to obtain permission. In most cases, once permission has been granted the military police will escort us to effect service.
Yes. Our Oklahoma Licensed Process Servers wear body cameras. These devices capture video and still images, with the name of the Process Server, the date, time, and GPS coordinates embedded into the media. Should you require this proof because someone has contested our Service of Process, please contact us so we can pull the media from archive.
Yes. Oklahoma Licensed Process Servers provide good-faith service upon payment of fees. Like yours, our time is valuable and we will not attempt service unless fees have been paid in advance or the contract has been authorized on an account in good standing. Will will attempt to serve your documents three times, and any fees are non refundable regardless of outcome. Any additional attempts will be billed according to our fee schedule.
No. Payment rendered is for good faith effort. We are very good at what we do, but there is no way to guarantee service. If someone is determined to avoid being found, they may very well be successful at doing so. We will make three good attempts at service. Generally, if we do this at different times of the day based on the information you provide us. Any efforts after that, such as additional attempts or skip tracking for example, will require the payment of additional fees.
When you complete the Booking form, we ask a number of important questions so we can provide you with a good faith estimate of the costs. In some cases, be unforeseen situations or information that may increase (or in come cases reduce) the overall cost of the Process of Service. But this is rare. It’s important to understand that even some of the simplest cases, can turn out to be difficult. This is especially so if someone is tipped off and attempts to evade service. If you have questions or concerns, please reach out to us and we’ll work with you to make sure you fully understand the estimate and charges before payment is processed.
At checkout you will be asked to pay by credit card or to place the order on your approved account. We also take checks, money orders, and of course, cash.
We have a rolling application process. If you’re interested in working for Oklahoma Court Service, feel free to email us. We are especially interested in speaking to professional Process Servers in more remote areas of Oklahoma.
Oklahoma Court Service is available to answer your questions from 9am-9pm Central Time.
Call 405-WE SERVE (405-937-3783) or use our contact form.
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