Oklahoma § 47-427 - Summons or notice of suit - Form - Service

§ 47-427. Summons or notice of suit - Form - Service

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

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

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.

Laws 1941, p. 207, § 7.