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How to Serve a Summons Out of State

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Here is my dilemna... my state does not require CA's to be licensed so there is no registered agent or anything like that.

I have them on numerous FDCPA violations, repeatedly on a debt that is not mine. I timely DV'd and they continue to verify to the CRA and haven't answered three DV's over a six month period. No response to the BBB complaint and they have ignored the Okla. AG to this point.

I never received a dunning letter and their initial contact was actually an email to me minus any mini-miranda or the other disclaimer about "attempting to collect a debt".

I am drawing up the papers for my ITS correspondence but if it comes to actually filing this I'm at a loss. In fact, where would I file it? They are halfway across the country from me, what court venue covers that? If they are in California, who, what, where and how do I serve them?

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If they are in California, who, what, where and how do I serve them?

They may not have to register as a CA, but they may need to register with the OK sec'y of state as "doing business" in the state (and they may or may not have done it).

There will be a statute on the books that typically defines what is not doing business in the state. Don't ask why that is ... it's constitutional.

If the JDB is doing business in the state but isn't registered ... you can typically serve the sec'y of state.

If they're not doing business in OK but are amenable to suit in OK because of what happened, you'll have to have a process server in Cali serve their registered agent unless OK laws provide for service by certified mail.

Keep in mind that the OK statute on the books regarding out of state service ("long arm" statute) doesn't necessarily meet federal constitutional muster and you might wind up with a battle over that.

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Federal Court is the easy way on this, although you do pay a little higher filing fee. Federal Rules of Civil Procedure allow you to mail it to them. Most JDB and CA will just ignore the mailed complaint, thinking they have to be served in person. Then they get to pay to have themselves served.

FRCP 4 (d)(2) Failure to Waive. If a defendant located within the United States fails, without good cause, to sign and return a waiver requested by a plaintiff located within the United States, the court must impose on the defendant:

(A) the expenses later incurred in making service; and

(B) the reasonable expenses, including attorney’s fees, of any motion required to collect those service expenses.

It can be nice to already force them to cough up money before you even begin the proceedings. Just make sure you have a signature for receipt of the summons (CMRR).

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