The Oklahoma Notice of Suit and Request to Waive Service of Summons (AO-398) is a legal document used to notify a defendant of a pending lawsuit in the state of Oklahoma. It is typically sent by the plaintiff or their legal representative to the defendant, detailing the nature of the lawsuit, the court in which it is filed, and the amount of damages sought. The Notice also includes a Request to Waive Service of Summons, which allows the defendant to waive the right to be personally served with the summons and complaint. The Notice of Suit and Request to Waive Service of Summons is available in three different types of forms, depending on the type of case being filed: 1. Civil Cases (AO-398A) 2. Domestic Cases (AO-398B) 3. Small Claims Cases (AO-398C) The Notice of Suit and Request to Waive Service of Summons must be properly completed, signed, and notarized by the plaintiff or their legal representative before being sent to the defendant. Service of the Notice is typically accomplished by certified mail or by a professional process server. If the defendant does not respond to the Notice by waiving service of summons, they must be personally served in accordance with Oklahoma law.
Oklahoma Notice of Suit and Request to Waive Service of Summons (AO-398)
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How to fill out Oklahoma Notice Of Suit And Request To Waive Service Of Summons (AO-398)?
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FAQ
How do I answer the complaint? Read the summons and make sure you know the date you must answer by. Read the complaint carefully.Write your answer. Sign and date the answer. Make copies for the plaintiff and yourself. Mail a copy to the plaintiff.File your answer with the court by the date on the summons.
If a service of the summons and complaint is not made upon a defendant within 90 days after the filing of the complaint and the party on whose behalf such service was required cannot show good cause why such service was not made within that period, the action shall be dismissed as to that defendant without prejudice
The defendant must sign the original summons where it says ?Acceptance of Service? in the presence of a notary public, and you must then deliver the original summons signed by the defendant to the court as proof of service. You can often find a notary public at a bank, and most attorneys are also notary publics.
Under Rule 5(b), service may be made by mailing the paper to the party or attorney at his last known address; if no address is known, the paper may be left with the clerk of court. Prior Massachusetts practice made no provision in cases where the address was unknown. Notice must be written.
A party who waives service of the summons retains all defenses and objections (except any relating to the summons or to the service of the summons), and may later object to the jurisdiction of the court or to the place where the action has been brought.
In general, a Texas waiver of service is a term the legal system uses to describe when a person signs a statement stating that they do not want to be served with notice regarding a legal matter they are involved in and thereby waive their right to be served.