Okla. Stat. tit. 47, § 47-427
This is the official text of Okla. Stat. tit. 47, § 47-427, part of Oklahoma’s Stat. tit. 47, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 47,." Browse the sections below, each linked to its official government source.
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Summons or notice of suit - Form - Service
Official statutory text
The original summons or notice of suit filed with the Secretary
of the Commission, as provided in Section 6 hereof, in all actions
Oklahoma Statutes - Title 47. Motor Vehicles Page 793
arising under the provisions of this act, shall be in form and
substance the same as now provided in suits against residents of
this State, except that that part of said summons pertaining to the
return day shall be in substantially the following form, to-wit:
"and unless you appear thereto and defend in the District Court
of Oklahoma in and for ________ county at the Court House in
________, Oklahoma, before noon of the sixtieth day following the
filing of this summons with the Secretary of the Oklahoma Tax
Commission of this State, default will be entered and judgment
rendered against you by the Court in the amount of $____, if said
Court is then in session in said county, and if the Court is not
then in session, said default will be entered and judgment rendered
by the Court on the first day of the succeeding term, or as soon
thereafter as the same may be reached."
Plaintiff in any such action shall cause the original summons to
be served as follows:
(a) By serving a copy of said original summons upon the
Secretary of the Oklahoma Tax Commission, and
(b) By mailing to the defendant and each of the defendants, if
more than one, within ten (10) days after the filing of said summons
with the Secretary of the Oklahoma Tax Commission by restricted
registered mail addressed to the defendant at his last-known
residence or place of abode a notification of said filing with the
Secretary of the Oklahoma Tax Commission.
The notification provided for in this section shall be in
substantially the following form, towit:
"To ________ (here insert the name of the defendant and his
residence or last known place of abode as definitely as known): You
will take notice that an original summons in a suit against you, a
copy of which is hereto attached, was duly served upon you at
Oklahoma City, Oklahoma, by filing copy of said summons on the
________ day of ________, 19__, with the Secretary of the Oklahoma
Tax Commission of the State of Oklahoma. Dated at ________,
Oklahoma, this ________ day of ________, 19__.
_________________
Plaintiff
By _________________
Attorney for Plaintiff"
The term "restricted registered mail", as used herein, means
mail which carries on the face thereof, in a conspicuous place where
it will not be obliterated, the endorsement "Deliver to addressee
only", and which also requires a return receipt.
Proof of the filing of a copy of said summons with the
Secretary of the Oklahoma Tax Commission and proof of the mailing of
said notification to said itinerant merchant shall be made by
affidavit by the party doing said acts. All affidavits of service
shall be endorsed upon or attached to the originals of the papers to
Oklahoma Statutes - Title 47. Motor Vehicles Page 794
which they relate. All proofs of service, including the return
registry receipt, shall be forthwith filed with the clerk of the
district court in which said cause of action is pending.
The foregoing provisions relating to service of the original
summons on itinerant merchants shall not be deemed to prevent actual
personal service in this state upon such itinerant merchants in the
time, manner, form and under the conditions otherwise provided by
law.
of the Commission, as provided in Section 6 hereof, in all actions
Oklahoma Statutes - Title 47. Motor Vehicles Page 793
arising under the provisions of this act, shall be in form and
substance the same as now provided in suits against residents of
this State, except that that part of said summons pertaining to the
return day shall be in substantially the following form, to-wit:
"and unless you appear thereto and defend in the District Court
of Oklahoma in and for ________ county at the Court House in
________, Oklahoma, before noon of the sixtieth day following the
filing of this summons with the Secretary of the Oklahoma Tax
Commission of this State, default will be entered and judgment
rendered against you by the Court in the amount of $____, if said
Court is then in session in said county, and if the Court is not
then in session, said default will be entered and judgment rendered
by the Court on the first day of the succeeding term, or as soon
thereafter as the same may be reached."
Plaintiff in any such action shall cause the original summons to
be served as follows:
(a) By serving a copy of said original summons upon the
Secretary of the Oklahoma Tax Commission, and
(b) By mailing to the defendant and each of the defendants, if
more than one, within ten (10) days after the filing of said summons
with the Secretary of the Oklahoma Tax Commission by restricted
registered mail addressed to the defendant at his last-known
residence or place of abode a notification of said filing with the
Secretary of the Oklahoma Tax Commission.
The notification provided for in this section shall be in
substantially the following form, towit:
"To ________ (here insert the name of the defendant and his
residence or last known place of abode as definitely as known): You
will take notice that an original summons in a suit against you, a
copy of which is hereto attached, was duly served upon you at
Oklahoma City, Oklahoma, by filing copy of said summons on the
________ day of ________, 19__, with the Secretary of the Oklahoma
Tax Commission of the State of Oklahoma. Dated at ________,
Oklahoma, this ________ day of ________, 19__.
_________________
Plaintiff
By _________________
Attorney for Plaintiff"
The term "restricted registered mail", as used herein, means
mail which carries on the face thereof, in a conspicuous place where
it will not be obliterated, the endorsement "Deliver to addressee
only", and which also requires a return receipt.
Proof of the filing of a copy of said summons with the
Secretary of the Oklahoma Tax Commission and proof of the mailing of
said notification to said itinerant merchant shall be made by
affidavit by the party doing said acts. All affidavits of service
shall be endorsed upon or attached to the originals of the papers to
Oklahoma Statutes - Title 47. Motor Vehicles Page 794
which they relate. All proofs of service, including the return
registry receipt, shall be forthwith filed with the clerk of the
district court in which said cause of action is pending.
The foregoing provisions relating to service of the original
summons on itinerant merchants shall not be deemed to prevent actual
personal service in this state upon such itinerant merchants in the
time, manner, form and under the conditions otherwise provided by
law.
Status: in_force · Read it on the official government site
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