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§47-427.


§47-427.
   
   The original summons or notice of suit filed with the Secretary of the
   Commission, as provided in Section 6 hereof, in all actions 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 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.
   

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