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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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