Process Server and Investigation
- +1 (405) 593-3515
- Info@ojpslegal.com
- 3111 West Wilshire Boulevard Oklahoma City, OK 73116 United States
Process Server and Investigation
Our expert team of attorneys and consultants will be glad to provide necessary legal assistance.
One very frustrating thing about trying to serve court papers are those who are actively avoiding service. Who can blame them though? Most people do not want to have a sheriff or deputy come give them court papers that always bear unwanted, unpleasant news that may carry significant consequences. This is unfortunate for the plaintiff/petitioner though, because to move forward with their legal case they must achieve effective service of process upon the defendant/respondent.
Thus, to better help our potential and current clients understand their options for service of process and alternative service methods, our private investigation agency in OKC has put together some helpful tidbits of advice. Our process server in Oklahoma City has listed the hints below as follow:
This type of service occurs when a process server in Oklahoma or a sheriff’s deputy directly hand delivers the court papers or other legal documents to the individual for whom they are intended. Courts tend to prefer this type of service of process the most, because the defendant/respondent receives direct notification of the court proceedings and a copy of the paperwork. In fact, some courts require personal service for some types of legal documents, which we have noted below as follows:
The courts require plaintiffs and petitioners to achieve personal service only on documents like subpoenas that require people to testify in court or produce documents for the court’s review. Our process servers in Oklahoma City must personally put these Oklahoma-based documents into the hands of their recipients.
Whenever a petitioner/plaintiff wishes to find out what assets a defendant/respondent can take after securing a judgment, then the courts have them hire a process server to serve a notice of hearing on assets. This is a vital, often more important legal document, since it can mean the direct loss of personal items the defendant has. This is why Oklahoma courts require personal service only for the delivery of these types of legal documents.
VPOs are another serious type of case that can have direct legal consequences for those involved. This is especially true for defendants in these types of legal cases, because if the judge grants a VPO against the defendant, it means the person can face arrest if the police catch the individual around the petitioner. These types of cases, while civil in nature, can also negatively affect job and housing chances in certain situations. Thus, courts always require personal service only in these types of legal cases, preferably by the best process server from our Oklahoma private detective agency.
Adoption involves taking away of all parental rights from a biological parent and granting them to another individual or set of people. This is a pretty big deal, because most people do not want to lose parental rights over their children. Once again, due to the seriousness of the consequences involving the cessation of parental rights to one’s children, judges require personal service only for family adoption cases.
When someone disobeys a court order, such as to produce documents or to appear in court for testimony, etc., a judge may issue an indirect contempt citation with real consequences. Indeed, this type of legal paperwork can lead to bench warrants, whereby deputies can arrest the people the court finds in contempt of court proceedings. Our process servers in Moore are experts at serving people personally, and they will always take amazing care of you.
Some states, like Florida, New York, and Texas, require that process servers and sheriffs’ deputies serve all paperwork for every court case involving paperwork issued from courts in their states. Fortunately, our process servers in Ardmore, OK know this and make sure to personally serve all legal documents they receive from these states.
Substitute service is when someone delivers court documents to another individual over the age of fifteen ½ who also lives at the same residence as the defendant. Thus, it cannot be the plumber or maid who is merely visiting to complete a job, nor can it be someone else who is simply there for a short time visiting but who does not live there.
Process servers near me at our PI agency know that they cannot substitute serve an individual at any place other than her/his/their home. Thus, if the process server in Norman, Oklahoma goes up to a place of work to deliver court documents, but the individual is not there, the legal professional may not simply leave them with a coworker or supervisor and have that count as effective service. Courts will not count that as effective substitute service of process, unless it takes place at the defendant’s residence and the process server leaves the documents with someone over the age of fifteen ½ who also lives there with the respondent.
When serving a business, courts allow process servers and deputies to achieve personal service by delivering the papers to the registered agent of a business. This might be at someplace like the CT Corp. or the Corporation Service Company, which are professional registered agent companies who receive court papers on behalf of a multitude of businesses. The registered agent might also be the owner of the company, and that person might be at home or at the place of business itself. The registered agent for a business might also be an attorney at a law firm.
When these individuals are unknown or chronically unavailable, many courts will find substitute service upon a business sufficient, if the process server or sheriff’s deputy leaves the court papers with a supervisor or other administrative staff member. That way, at least some other officer or supervisor at the business receives the important legal documents and can bring them to the appropriate individual in charge responding to legal proceedings.
One thing our process server in Bethany wants everyone to know about substitute service upon a business is that if the process server in Midwest City goes to a residence to serve a business owner, substitute service will not count upon the business if the deputy or process server in Oklahoma leaves the papers with someone at the residence who does not work for or is not an owner of the company itself. Thus, whereas substitute service will count if serving an individual who lives at the residence by giving the court papers to someone else who also lives there who is over the age of fifteen ½, this does not necessarily apply for companies, if the person does not work for it of own at least part of it.
Another way to serve court papers in an alternative method of service is to simply ask the process server in Broken Arrow post the papers on the front door. These legal pros then take a photograph of the paperwork posted to the door, and those at our private investigation agency in Ardmore ensure that we use apps that also record the date, time, and location of the place our OKC process server posted the documents at.
Most times when you hire a process server to deliver court documents or other items and ask the professional to post them to the door, many courts will also require the person to send them via certified mail with a return receipt to the address as well. Most courts only allow this method of alternative service in instances where a landlord is seeking to evict a tenant and is not seeking a monetary judgment, only possession. Other judges may sign an order for alternative service, if a process server’s attempts at securing personal service fail.
Sending a defendant court papers via certified mail with a return receipt can count as personal service, if the individual or registered agent of a business personally sign for the documents. When the defendant/respondent personally signs for these documents, it is viewed the same as if a process server or deputy personally handed them the papers themselves, even though a United States Postal Worker delivered the documents. All states accept this method of service for all types of papers.
If the person does not personally sign for the documents, then this becomes a method of substitute service or alternative service of process and always accompanies the posting of documents. On the bright side, the individual need not personally sign for the documents like they must do for it to count as personal service.
There are several types of professionals who may deliver court documents to defendants/respondents, petitioners/plaintiffs, and witnesses. The courts consider all to be equally legal and valid for serving court papers, though only within their separate legal parameters. The list of qualified professionals are listed below as follow:
Sheriffs’ deputies are the cheapest, most traditional way to serve a defendant. They are great for serving businesses at office locations, at governmental agencies, and especially at prisons and jails. Indeed, some jails and prisons, especially like those at the Oklahoma County Detention Center and at federal prisons, only allow deputies to serve court papers there.
Some courts like the Oklahoma County District Court and Tulsa County District Court also require that deputies get the first chance to serve victim protection orders (VPOs), because they help reduce costs for petitioners. Plus, many of the individuals who become defendants in these cases also tend to be more statistically more violent than defendants in other cases. So, mandating that deputies get the first shot at serving respondents in VPO cases also serves to help protect more vulnerable process servers in Enid, OK from harm.
Most deputies cannot serve court papers on a rush basis, unlike process servers in Oklahoma. Likewise, while many private investigation agencies in Oklahoma City have their personnel serve court documents in the evenings/nights and on weekends, sheriffs’ deputies rarely, if ever, do so. Indeed, many people opt to hire a deputy to serve court papers, but they do come with significant drawbacks in many instances.
Also, whereas a process server in Del City, Oklahoma, goes to serve people in plain clothing or even while dressed up in a disguise, deputies go in a law enforcement uniform and end up scaring many defendants and respondents away. Thus, cheaper is not always better, and deputies are not the best choice for serving papers in most instances.
There is one other important thing about deputies that everyone wishing to try to save money by hiring them must know. They may only serve documents in the county in which they are commissioned to serve as law enforcement officers. On the contrary, a process server in Tulsa can serve court papers anywhere in the entire state. This is because now all process serving licenses are statewide. Thus, when you find a process server to help you instead of choosing a deputy, you get added versatility in the event the person you are trying to serve has moved.
Licensed process servers are an excellent choice for serving court papers in Oklahoma and other states. To become licensed as a process server, these individuals must first pay a fee, obtain a process serving bond, get passport photos, have no significant criminal record, and secure a judge’s approval. Once licensed, the choice to locate a process server may cost more than hiring a sheriff’s deputy, but as noted above, they come with so many additional benefits. This is especially true of extremely experienced, dedicated process serving professionals.
Mail carriers from the postal service are not technically process servers or deputies, but they can and do serve court papers by delivering items via certified mail with a return receipt. While USPS employees cannot force a defendant or respondent to sign for these documents, if the person, business, or governmental agency does so, it nonetheless counts as personal service. Likewise, in cases where a signature is not required and only an attempt at mailing it to the address is, as with eviction documents, this component of alternative service is completed regardless of the presence of a signature.
Courts also allow lawyers to serve court papers and other legal documents for their own cases. Attorneys sometimes do so by mailing or e-mailing the documents when allowed, though some also personally bring them to the other party in person. Most times, lawyers like defense attorneys, civil attorneys, and prosecutors, will use sheriffs’ deputies and/or process servers near me.
Hopefully, this will assist both potential and current process serving clients at our private detective agency in Lawton to know about the different types of service of process. Our private eyes are highly skilled at helping to locate missing defendants, while our licensed Oklahoma process servers are the absolute best at serving even the hardest to serve, most evasive defendants. Call or come by today for more information.
Enter your info below
