The Dos and Don’ts Every Process Server in Mustang, Oklahoma, from a Private Investigation Agency in Moore, OK, Should Know When Serving Court Papers
Many process servers in Oklahoma City have found themselves on the wrong side of the law due to a lack of adequate information on what they can do and whatnot. This article discusses your power as a process server in Mustang, Oklahoma, and what Oklahoma process service law prohibits.
Table of Contents
Who is a Process Server?
A process server is an adult (18+) that serves legal papers (subpoenas, divorce papers, court summons, etc.) to a defendant (the receiver) on behalf of the plaintiff or an attorney (the sender). Being a process server in Oklahoma City requires no special qualifications. However, you must acquaint yourself with the laws guiding process service in any State of choice.
Hence, a process server in Altus, Oklahoma, or a process server in Ardmore, Oklahoma, must know the laws guiding Oklahoma Judicial Process Servers (OJPS) in detail. This aids the process servers in Norman, Oklahoma’s service delivery and helps such process server OKC at private investigation agency in Moore, OK, avoid problems. Below, we look into the dos and Don’ts in detail.
Dos and Don’ts of Process service in Mustang, Oklahoma, for an Oklahoma process server at a private investigation agency in Moore, OK.
Every profession has a rule guiding its operation. For a process server in Broken Arrow, Oklahoma, or a process server in Mustang, Oklahoma, from a private investigation agency in Moore, OK, they should know the following things:
A process server in OKC can’t practice without certification.
An intending process server in Norman, Oklahoma, must register with the court clerk. The yet-to-be process server in Altus, Oklahoma, or process server in Mustang, OK, must get a certification to practice after completing the necessary registrations. This certification is like a license that permits the intending process server in Oklahoma City to work.
Without the certification, the process server in OKC’s services may be deemed illegal, providing an avenue for the defendant to escape hearing as the defendant’s attorney can argue the paper was delivered by an illegal person, prompting the court to throw the case out. Hence, a process server in Oklahoma City must follow due process to become a certified process server in Oklahoma City.
A process server in Mustang, Oklahoma, can consider an alternative delivery method if in-person delivery is proving futile.
Process servers in Edmond, Oklahoma, and process servers in Mustang, Oklahoma, from a private investigator agency in Moore, OK, can write to the court seeking permission to use alternative service methods if the defendant deliberately avoids getting served.
Some defendants are usually difficult to deal with, and the process server in Oklahoma City may need to try other uncommon delivery methods to get the papers to them. The process server in Mustang, Oklahoma, must record the mode of service delivery, the date, time, and every other detail after using an alternative option. These records are important if the defendant denies seeing them in the long run.
A process server in Mustang, Oklahoma, at a private investigator agency in Moore, OK, can stake out the person of interest.
Process servers in Norman, Oklahoma, are allowed to wait outside the defendant’s office, home, or other places they frequent to hand over the papers to them directly. Some defendants are usually aware of this option, prompting them to change their normal routine or schedule. The process server in Mustang, OK, at a private investigation agency in Moore, Oklahoma, must ensure they remain within a legal limit when staking out the defendant.
It’s equally important for the process servers in Mustang, OKC to have means of identification or any other related credentials on them, or have someone check up on them at intervals, and prepare a police backup if the defendant is known to be dangerous. These safety precautions save process servers in OKC from unnecessary drama or potential threats from the defendant’s neighborhood.
A process server in OKC cannot threaten or harass defendants.
It is prohibited for a process server in Mustang, Oklahoma, from a private investigation agency in Moore, OK, to assault or threaten a defendant. Such a process server in Oklahoma could face legal consequences if the defendant press charges.
Hence, a process server in Oklahoma City should exercise much patience and avoid all forms of provocation while delivering legal papers. They’re advised to leave once they perceive a defendant’s aggressiveness towards them. It helps keep the situation under control.
A process server in Oklahoma City must not impersonate law enforcement officers.
Either by look, manner of talking, or other means, a process server in Mustang, Oklahoma, from a private investigation agency in Moore, OK, must not leave an impression of being a law enforcement personnel in the defendant’s mind. It is illegal, and their compliance will only be based on intimidation, which Oklahoma process serving rules frown at.
The process service law allows process servers in OKC to be creative in delivering legal papers if direct deliveries fail to work, but it draws the line on impersonating law enforcement officers by wearing their uniforms, using fake identity cards, etc.
A process server must not leave papers with an under-age (Minor)
Oklahoma’s process service law allows a process server in Mustang, Oklahoma, from a private investigation agency in Moore, OK, to leave papers for someone in the defendant’s residence or office. However, leaving such papers to anyone below 18 years old is prohibited.
Any adult living in the defendant’s residence, irrespective of their relationship, can receive the legal papers for the defendant. It is one of the alternative services a process server in Edmond, Oklahoma, can use if direct service is impossible.
Precautions to take as a process server
Process serving in Oklahoma City comes with little risk, mostly from aggressive defendants. Hence, it is necessary for a process server in Mustang, Oklahoma, from a private investigator agency in Moore, OK, to take necessary precautions before serving a defendant. Some of these precautions are:
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Background checks
The process server in Altus, Oklahoma, must know more about the defendant before approaching. Their drug and alcohol history, crime history, temperament, possibility to get angry easily, etc., should be considered to aid preparation and determine the best approach.
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They must have a safety/protection device.
If the process server’s findings reveal the defendants to be aggressive and temperamental, such a process server in OKC must protect themselves while delivering the papers. Pepper sprays could come in handy in extremely dangerous situations. The process server in Mustang, Oklahoma, from a private investigator agency in Moore, OK, may be forced to defend yourself in some situations, but it’s best to take a walk before things get heated.
Conclusion
Being a process server in Mustang, Oklahoma, from a private investigator agency in Moore, OK, is easy. You only need certification from your city’s court clerk, abide by the listed Dos and Don’ts, and display strong professionalism and dedication.
