Oklahoma § 68-1706 - Actions

§ 68-1706. Actions

(a) An action against any contractor or the surety on any bond

required by this article may be brought in any court of competent

jurisdiction in Oklahoma County or any county in which any work

under any such contract is performed. The entering into of any

contract for the performance of work in the State of Oklahoma by any

such nonresident contractor shall be deemed to constitute an

Oklahoma Statutes - Title 68. Revenue and Taxation

agreement to be subject to the jurisdiction of the courts of this

state and shall constitute an appointment of the Secretary of State

of Oklahoma as service agent of such contractor in any such action,

and the service of summons or other process issued in any such

action when served on the Secretary of State shall have the same

legal force and validity as if served upon the contractor personally

within the State; provided, that the service agent may be served in

any manner now provided by law or in lieu thereof by mailing such

summons to said service agent by certified mail with return receipt

requested, postage prepaid, which such in lieu service shall be

sufficient upon proof of mailing with the return receipt attached.

(b) The summons shall be directed to the Secretary of State and

shall require the defendant to answer by a day certain not less than

forty-one (41) days from the return date fixed therein. The

Secretary of State shall immediately forward a copy of the summons

to the contractor by certified mail, return receipt requested, to

the address given by such contractor in the notice given to the Tax

Commission, and shall thereupon make his return of said summons to

the court from which the same issued, showing the date of its

receipt by him, the date of forwarding, and the name and address of

the contractor to whom the same was forwarded. The Secretary of

State shall keep a suitable record of every such action showing the

name of the court in which the action is brought, the date of

commencement, the style of the case, and the date and manner of

service. The plaintiff in any such action shall cause a fee of Two

Dollars ($2.00) to be paid to the Secretary of State at the time of

service. Every notice required of a contractor under this article

to be given to the Tax Commission shall also contain the address of

the principal place of business of the contractor, which shall be

deemed to be the mailing address of such contractor for the purpose

of service of process in any action brought under this article.

Laws 1965, c. 30, § 2.