Okla. Stat. tit. 12, § 1148.1 et seq. § 1148.5A

Constructive Service of Summons

In Force
Verified 10/17/2026 · Next check 10/18/2026
effective 11/1/2018OklahomaSummary Process

Operative Text

Okla. Stat. tit. 12, § 1148.1 et seq. § 1148.5A
If, in the exercise of reasonable diligence, service cannot be made upon the defendant personally nor upon any person residing upon the premises over fifteen (15) years of age, then in lieu of service by certified mail, service may be obtained for the sole purpose of adjudicating the right to restitution of the premises by the sheriff's posting or by private process service posting of said summons conspicuously on the building on the premises, and, if there be no building on said premises, then by posting the same at some conspicuous place on the premises sought to be recovered at least five (5) days prior to the date of trial, and by the claimant's mailing a copy of said summons to the last-known address of the defendant by certified mail at least five (5) days prior to said date of trial. Such service shall confer no jurisdiction upon the court to render any judgment against the defendant for the payment of money nor for any relief other than the restoration of possession of the premises to the claimant, unless the defendant appears at trial. If the court only renders a judgment for restoration of possession of the premises, the claimant shall not be precluded from pursuing a subsequent action for the payment of rent. A judgment for forcible entry and detainer shall not preclude the property owner from pursuing a subsequent action for other monetary relief. Such service shall not be rendered ineffectual by the failure of the defendant to actually see or receive such posted process nor by the failure of the defendant to actually receive or sign a return receipt for such mailed process.
Source: Legislative text reproduced verbatim
Plain English

Oklahoma's 12 O.S. § 1148.5A establishes a fallback method of serving legal notice—called constructive service—when a defendant cannot be reached in person or through a household member over age 15. Under this method, a summons may be posted conspicuously on the property and mailed by certified mail to the defendant's last-known address, each at least five days before trial. This type of service is limited in effect: it only gives the court authority to decide who has the right to possess the premises, not to award money damages, unless the defendant actually appears at trial. A landlord who wins only a possession judgment under this provision is still permitted to bring a separate lawsuit later to recover unpaid rent or other monetary relief.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 18, 2026

Plain English — not legal advice.

For Property Managers

Under 12 O.S. § 1148.5A, operators who have made reasonable attempts to personally serve a defendant may use constructive service as an alternative when personal service is not possible. Compliant practice generally involves having the sheriff or a private process server post the summons conspicuously on the building, and separately mailing a copy by certified mail to the defendant's last-known address—both steps completed at least five days before the trial date. Operators should be aware that a judgment obtained solely through this posting method is limited to restoring possession of the premises; a separate action would be needed to recover unpaid rent or other monetary amounts if the defendant does not appear.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Under 12 O.S. § 1148.5A, a court that proceeds on constructive service alone—meaning the summons was posted and mailed rather than personally delivered—can only issue a judgment about who gets possession of the premises, not a money judgment against you, unless you appear at trial. Tenants who receive notice of an eviction proceeding, even through posted or mailed process, have the right to appear at trial, and doing so opens the full range of defenses and potential outcomes. If you believe proper procedures under § 1148.5A were not followed, or if a money judgment was entered without your appearance, consulting a tenant-rights organization or legal aid office can help you understand the options available to you.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Nov 1, 2018
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References Out

No outbound references recorded yet for this provision.

References In

Rules and statutes that cite this regulation

12 O.S. § 1148.10
12 O.S. § 1148.10
12 O.S. § 1148.10A

Related Rules

§ 1
Persons entitled to summary process
§ 3
Judgment and execution; costs; appeal
§ 5
Appeal; bond; actions thereon; waiver; appeal of waiver or periodic payments; notice of decision

Source Information

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