The process served by a licensee, authorized herein, shall be upon a request by the party or person desiring to obtain the services of said licensee. The fees to be paid for the services shall be agreed upon by them, and such fees shall not be collected by, nor handled through, the court clerk's office.
§ 158.2.Request of Server - Fees
Chapter 6: Commencement of Actions · Last amended April 29, 1976 · Last verified August 3, 2026
In one sentenceSection 158.2 says a licensed process server acts only when a party or other person requests service, that the requester and server privately agree on the fee, and that the court clerk's office never collects or handles that fee.
Full Text of § 158.2
Amendment History
R.L. 1910, § 4807; Amended by Laws 1976, SB 610, c. 74, §2, emerg. eff. 4/29/1976.
Plain-English Summary
This section keeps private process serving separate from the court clerk's usual fee-collection role. Service happens because someone — the party or another interested person — asks the licensed server to do it, and the price for that service is whatever the two of them agree on. Section 158.1 sets the license fees a server pays the state; Section 158.2 leaves the server's actual service fee to private negotiation, and it never runs through the clerk's office or the court fund.
Frequently Asked Questions
Who decides how much a private process server charges in Oklahoma?
The party or person requesting service and the process server agree on the fee between themselves; the statute doesn't set or cap it.
Does the court clerk collect the process server's fee?
No. The statute specifically bars the clerk's office from collecting or handling that fee.
Can someone other than a named party to the lawsuit hire a private process server?
Yes. The text lets "the party or person desiring to obtain the services" of the licensee make the request, not only a named party.
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: process server fee agreement oklahomaprivate process server payment oklahomawho pays a process server's fee