Claremore, OK asked in Divorce, Family Law, Civil Rights and Domestic Violence for Oklahoma

Q: Is it a violation of due process if a clerk never sends the EPO & court date to sheriff's office where defendant lives?

The 1st hearing was passed for no service. Next hearing Defendant stated lack of service and that he had a pending family case in Tulsa county. The judge ordered the case to be transferred to Tulsa.

Was creek county supposed to have served defendant before ordering transfer? Or did defendant waive personal jurisdiction as soon as he spoke? the minutes doesn't state that he waived personal jurisdiction or service or attempt of service like the other EPO docket cases do.

petitioner never set a hearing in front of the The family judge in Tulsa and Judge would not hear the case because creek county had a court date set for a review hearing. Creek clerk told defendant there would be no review hearing in creek county cause it was sent to Tulsa. Creek county held review hearing granting default judgment.

Months later after default judgment defendant finds out Tulsa sheriff's office have no record of creek county sending epo to serve on defendant.

1 Lawyer Answer
Charles Watts
Charles Watts
  • Licensed in Oklahoma

A: If the defendant appeared in court then the court now has personal jurisdiction and service is made.

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