Understanding the Process After Being Served by Publication
What happens if he does not respond after being served by publication in Oklahoma? I’m Tulsa attorney James Wirth. That’s a question that we have. We have a little series here regarding service and service by publication. Ideally, in any case, you should be able to get service on the defendant.
It should never be the policy that if the defendant is hiding from service, that should keep you from moving your case forward. So, the law allows for certain ways to get service. First, you’re gonna do a process server, or you can do personal service with the sheriff’s office, and then certified mail is another option.
Steps When Service Options Fail
If those all fail and you do your due diligence, try to track them down, and can’t get it done that way, you can request permission from the court to do service by publication. But in any scenario, you should be able to get your defendant served. If they fail to file a response of pleading timely, they are in default, and you can request a default judgment.
The question that we have here is, what happens if he does not respond after being served? Well, like I said, if they don’t respond by that deadline, which is 20 days after service for most types of civil cases in the state of Oklahoma if you’re serving by certified mail or process server, or at a minimum, it’s gotta be 41 days from the first day of publication if we’re talking about service by publication.
Requesting a Default Judgment
If they don’t get an answer on file by then, they’re in default, and you can request the judge grant a default judgment in your favor. Sometimes that’s done by just drafting up the default order, presenting it to the judge, and seeing if the judge will sign it. Some judges are going to want a motion for default first instead of a hearing, where you have to go through those processes.
But, long story short, if the defendant has been served, and they refuse to participate by not filing an answer, or failing to show at some important court dates, then they are in default. You can ask for a default judgment, and get the case done more quickly that way. If you’re going through these circumstances, though, your specific facts may make a difference in how to evaluate your case, and you’re probably gonna want legal advice that is specific to your circumstances.
Schedule a Low-Cost Initial Strategy Session
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