RulesofCivilProcedure.com Civil Procedure · Every State

§ 1148.5A.Constructive Service of Summons

Chapter 20: Actions Regarding Real Property · Last amended November 1, 2018 · Last verified August 3, 2026

In one sentenceSection 1148.5A allows posting the summons on the premises plus mailing a copy to the defendant's last-known address, when personal service can't be achieved, but that constructive service supports only a judgment restoring possession -- not a money judgment -- unless the defendant appears at trial.

Full Text of § 1148.5A

Text size

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.

Amendment History

Amended by Laws 2018, c. 103, s. 1, eff. 11/1/2018. Added by Laws 1976, SB 695, c. 68, § 1; Amended by Laws 1989, SB 357, c. 205, § 1, eff. 11/1/1989; Amended by Laws 1989, HB 1492, c. 347, § 2, eff. 11/1/1989; Amended by Laws 1990, HB 1846, c. 89, § 1, eff. 9/1/1990; Amended by Laws 1996, SB 1261, c. 339, § 1, eff. 11/1/1996.

Plain-English Summary

When reasonable diligence can't serve the defendant personally, or anyone over fifteen residing on the premises, this section supplies a fallback: the sheriff or a private process server posts the summons conspicuously on the building on the premises (or, if there's no building, at a conspicuous spot on the premises) at least five days before trial, and the claimant separately mails a copy to the defendant's last-known address by certified mail, also at least five days out.

That kind of service comes with a real limit. It confers no jurisdiction to render a money judgment or any relief beyond restoring possession to the claimant -- unless the defendant appears at trial. If the court's judgment is limited to restoring possession, the claimant can still pursue a later, separate action for rent, and a forcible entry and detainer judgment never precludes the property owner from later suing for other monetary relief. The statute also protects the service itself: it isn't undone just because the defendant never saw the posted notice or never signed for the mailed copy.

Frequently Asked Questions

What if the defendant can't be found for personal service?

The summons can be posted conspicuously on the premises and a copy mailed to the defendant's last-known address by certified mail, each at least five days before trial.

Can this posting-and-mailing method produce a money judgment against the defendant?

No, unless the defendant appears at trial. Otherwise it only supports a judgment restoring possession of the premises.

If the court only restores possession, can the landlord still sue for unpaid rent later?

Yes. Section 1148.5A specifically preserves the claimant's ability to pursue a subsequent action for rent, and a forcible entry and detainer judgment doesn't bar a later suit for other monetary relief.

Is the service invalid if the defendant never saw the posted notice?

No. The statute says such service isn't rendered ineffectual by the defendant's failure to see or receive the posted process, or to receive or sign a return receipt for the mailed copy.

Source & verification. Section text is reproduced verbatim from Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature. Last verified August 3, 2026. · Official source
Also known as: constructive service eviction oklahomaposting summons on premises oklahoma12 O.S. § 1148.5Acannot locate tenant eviction service oklahoma