Oklahoma § 12-1148.5 - Service of summons

§ 12-1148.5. Service of summons

The summons may be served as in other cases except that such

service shall be at least three (3) days before the day of trial,

and the return day shall not be later than the day of trial, and it

may also be served by leaving a copy thereof with some person over

fifteen (15) years of age, residing on the premises, at least three

(3) days before the day of trial; or, if service cannot be made by

the exercise of reasonable diligence on the tenant or on any person

over the age of fifteen (15) years residing on the premises, the

same may be served by certified mail with return receipt postmarked

at least three (3) days before the date of trial.

Added by Laws 1968, c. 172, § 5, eff. Jan. 13, 1969. Amended by

Laws 1989, c. 347, § 1, eff. Nov. 1, 1989.

§12-1148.5A. Constructive service of summons.

If, in the exercise of reasonable diligence, service cannot be

made upon the defendant personally nor upon any person residing upon

the premises over fifteen (15) years of age, then in lieu of service

by certified mail, service may be obtained for the sole purpose of

adjudicating the right to restitution of the premises by the

sheriff's posting or by private process service posting of said

summons conspicuously on the building on the premises, and, if there

be no building on said premises, then by posting the same at some

conspicuous place on the premises sought to be recovered at least

five (5) days prior to the date of trial, and by the claimant's

mailing a copy of said summons to the last-known address of the

defendant by certified mail at least five (5) days prior to said

Oklahoma Statutes - Title 12. Civil Procedure

date of trial. Such service shall confer no jurisdiction upon the

court to render any judgment against the defendant for the payment

of money nor for any relief other than the restoration of possession

of the premises to the claimant, unless the defendant appears at

trial. If the court only renders a judgment for restoration of

possession of the premises, the claimant shall not be precluded from

pursuing a subsequent action for the payment of rent. A judgment

for forcible entry and detainer shall not preclude the property

owner from pursuing a subsequent action for other monetary relief.

Such service shall not be rendered ineffectual by the failure of the

defendant to actually see or receive such posted process nor by the

failure of the defendant to actually receive or sign a return

receipt for such mailed process.

Added by Laws 1976, c. 68, § 1. Amended by Laws 1989, c. 205, § 1,

eff. Nov. 1, 1989; Laws 1989, c. 347, § 2, eff. Nov. 1, 1989; Laws

1990, c. 89, § 1, eff. Sept. 1, 1990; Laws 1996, c. 339, § 1, eff.

Nov. 1, 1996; Laws 2018, c. 103, § 1, eff. Nov. 1, 2018.