When it comes to service process in OKC or any other city, you can’t undermine the need to have competent hands at the helm of affairs. Your process server OKC must know the law adequately like a cat knows its kittens.
This ensures that the process server Oklahoma works within the guides of the law without any hitch. Oklahoma Judicial Process Servers (OJPS) have some of the best process servers Oklahoma City that give you satisfaction and peace of mind.
However, you may not always get to hire excellent OKC process servers like that of OJPS, which is why you need some basic knowledge about what a process server OKC must do and shouldn’t do.
One of the big debates about the dos and don’ts about a process server in Oklahoma is whether or not they’ll file your papers with the court. We look into this in-depth below.
Why A Process Server in OKC Should File Your Papers with the Court
A process server in Oklahoma City will file your papers with the court. It is one of the required processes in serving legal papers to defendants, and it usually signifies the end of service process.
While the first filing of your papers may be referred to a court order, subpoena, etc., the filing by a process server can be referred to as an affidavit of service.
The reason why it’s essential for process server Oklahoma to file your papers with the court is to ensure the court is aware that the defendant has been duly notified about the case with papers.
The date of the recipient, manner of serving, and other necessary information should be included by the process server Oklahoma when filing the papers with the court.
This process gives your case legal credence and leaves the defendant no options to evade the law, as the due process will be followed if the defendant refuses to honor the legal papers.
How Does A Process Server OKC File Your Papers with the Court?
A process server in OKC can only file your papers in the court that issued the paper from the case’s inception.
Hence, if a process server Enid Oklahoma delivers a legal paper issued from a court in Enid, Oklahoma, they can’t file the papers in Tulsa, Oklahoma.
Process servers in Oklahoma City have to submit copies of the papers to the court clerk to file a plaintiff’s papers. It must contain essential information to qualify the filed paper as an affidavit of service. This could include the date of serving, manner of serving, acknowledgement from the recipient, time of serving, etc.
The court clerk then looks into the filed paper and ensures it’s notarized if there’s a need for it. Usually, the process server should file delivered legal papers as an affidavit of service at the earliest convenience after serving – ideally, not more than 72hrs after.
What Happens When a Process Server OKC Fails to File Your Papers at Court?
Every competent process server like OJPS process servers should always strive to keep up with the law provisions for serving civil processes.
Ideally, a process server in Oklahoma shouldn’t fail to file your papers in court as an affidavit of service after completing the process because the law stipulates it.
However, in a scenario that this happens, below are the possible things that are likely to occur:
- No Consequences – The provision of the law doesn’t outrightly attach a sanction to failing to file a plaintiff’s papers with the court as an Aos (affidavit of service).
Thus, there may be no consequences if the defendant’s lawyer is unaware of this or fails to explore it to the defendant’s gain.
- The case can be thrown out – As a process server in Oklahoma City, you may deny a plaintiff due to justice if you fail to file her papers with the court appropriately.
Defendant’s lawyers are always on the lookout for loopholes to explore, which is one of the best chances for them.
They can argue that the process server didn’t serve the papers in the most appropriate way. Without an Aos to prove otherwise, the court may have no other choice than to consent to their argument and pass the judgment in their favor.
- No court appearance for the defendant – If there is no proof of service, a defendant may claim he does not know of any petition, subpoena, or case against him.
If this extends beyond the stipulated period of serving a defendant, such a person can walk away free from the case without making any court appearance.
All these signify how essential Aos is and why your process server Oklahoma must ensure that he files your papers after service process.
Ways to Ensure that Your Process Server OKC Files your Papers in Court
The first and most reliable way of achieving this is by hiring a competent OKC process server. These process servers do not need to be told what to do.
They’re seasoned professionals with years of experience and in-depth knowledge about service processes, and they’re also fully aware of the consequences of each action. Hence, they save clients from any future troubles.
Reputable process servers agencies in Oklahoma like OJPS can give you process servers with these attributes. You can also do your research by searching for “top process servers near me or best process servers OKC ” on the internet.
Ensuring efficient communication and effective feedback between you and your process server in Enid is another way to achieve this.
This ensures that you’re updated about the whole process, and you always make demands on what you feel should be done necessarily.
A process server OKC will file your papers with the court after each service process to have an affidavit of service (Aos) that can prove that service was done within the law’s constraint.
However, prior to serving the defendant the legal papers issued by the court, only the court clerk can file and register your case with the court after your permission.
This is essential to avoid expecting duties beyond a process server Oklahoma jurisdiction from him.