Process serving in Oklahoma City involves a series of steps, including filing an Affidavit of Service.
The provision of the law for Civil procedure enables process servers Oklahoma to explore different means of serving papers if the default direct service isn’t feasible.
The availability of various service options for process servers Oklahoma City makes it essential to state how they served the papers.
Hence, a process server in Oklahoma must provide a Proof of Service, commonly referred to as Affidavit of Service by most process servers in OKC.
The Difference Between Affidavit of Service and Proof of Service
You’ll often find a process server Edmond Oklahoma saying Affidavit of Service, and a process server Tulsa Oklahoma using the term ‘Proof of Service.’ This usually brings a sense of discrepancy between the two documents.
However, they’re the same. There’s no difference between a proof of service and an affidavit of service. As the term ‘felines’ can be used to describe cats, process servers in Oklahoma City can also use Proof of Service in place of an Affidavit of Service.
What’s An Affidavit of Service and How’s it Important to Process Serving in Oklahoma?
Affidavit of Service or Proof of Service is a legal document that proves that a process server Oklahoma has served the defendant legal papers. It usually helps prevent a case of denying the recipient of a legal document, which can stall court proceedings.
Thus, it’s essential for process servers Enid Oklahoma and other process servers in Oklahoma City to file an affidavit of services with the court after serving a defendant.
The affidavit of service/proof of service must contain essential information which makes it complete, valid, and credible. We look into these details/information below.
Essential Information to Include in an Affidavit of Service
Every process server OKC must verify and ensure that an Affidavit of Service is complete and contains all the essential information that can make it a credible proof in case of service denial. Below are some of this essential information:
- Applicant’s full details — A valid Proof of Service must contain the plaintiff’s name and address in full. The process server must also include other necessary contact details of the plaintiff. This allows easy identification and effective record keeping.
- Process Server’s Details — There are thousands of process servers in Oklahoma City, and for the court to know the process server that delivered a paper, there’s a need for proper identification.
The Oklahoma Judicial Process Servers (OJPS) agree that a process server in Oklahoma City must include his full legal name, address, and contact information in the Proof of Service filed with the court.
- Defendant’s Full Details — An Affidavit of Service should also contain the full name, address, and contact information of the legal documents’ recipient.
- Date & Time of Service — The process server in Oklahoma City must include the appropriate date and time he served the papers to the recipient.
This date must fall within the legal period of serving papers (not later than 5 days before hearing and within 180 days after filing the petition).
Also, the date indicates the day of the week the papers were served, which could prove that it wasn’t served outside the recommended days of serving papers in some cities.
- Where the Papers were Served — The affidavit must also include the location the defendant received the papers. These may be a business address, City or province name, State, street, or even house number. It should carry any information that can aid in identifying the location.
- The Type of Document Served — Process servers in Oklahoma deliver different papers, including a subpoena, complaints, summons, etc. The Proof of Service should indicate which of these papers were served.
- Method of Service — Process server agency Oklahoma and individual process servers OKC utilize various service methods. Hence, the Affidavit of Service should state specifically which method was used to serve the defendants the papers.
Whether personally at the place business or residence, through a close associate, through the mail, or any other means, the Proof of Service must reflect the method used
- Further Proofs — Numbers from identification cards (Health card, Driver’s license, etc.) of a defendant can serve as further Proof of Service. You can also have a defendant sign an acknowledgement at the back of the document’s copy you’re filing with the court.
The information above makes an affidavit complete. However, merely completing an affidavit doesn’t make it valid as proof yet. It needs to be affirmed and notarized.
The process server Oklahoma will swear an oath before an authorized officer that the information in the affidavit is accurate, after which the officer will sign and stamp (notarize) it.
Notarizing an affidavit depends on the law of the local courts in the City. Some overlook it, and others make it compulsory. An experienced process server in Oklahoma City knows when to request an Affidavit of Service to be notarized and when not to bother.
It’s not everyone that’s permitted to notarize an Affidavit of service. Different cities have varying sets of legally permitted people to do that. They include:
- Court staff in charge of taking an affidavit
- A notary public
- Appointed commissioner for taking affidavits
- Licensed lawyer under Oklahoma law or paralegal
- A commission of oath.
Any of the above persons can notarize your Proof of Service depending on the City.
It could be required in court or by the defendant’s paper looking for a loophole in the service process. Hence, a process server in Oklahoma must cross all T’s and dot all I’s to avoid getting the case thrown out of court.
Whether a process server in Oklahoma City refers to it as an Affidavit of Service or a Proof of Service, it’s the same document, and it’s an essential document to prove the credibility of the service process.
Hence, a process server Oklahoma must at all-time ensure he doesn’t fail to swear an Affidavit of service with the law, as this may allow a defendant to evade a court hearing.