Unless service by the sheriff or other authorized person is requested by the plaintiff, the defendant shall be served by mail. The clerk shall enclose a copy of the affidavit and the order in an envelope addressed to the defendant at the address stated in said affidavit, prepay the postage, and mail said envelope to said defendant by certified mail and request a return receipt from addressee only. The clerk shall attach to the original affidavit the receipt for the certified letter and the return card thereon or other evidence of service of said affidavit and order. If the envelope is returned undelivered and sufficient time remains for making service, the clerk shall deliver a copy of the affidavit and order to the sheriff who shall serve the defendant in the time set in Section 1756 of this title, or at the election of the plaintiff service shall be governed by the provisions of subsection C of Section 2004 of this title.
§ 1755.Service of Affidavit and Order Upon Defendant
Chapter 36: Small Claims Procedure Act · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceMakes certified mail the default way to serve small claims papers on a defendant, and directs the clerk to hand the papers to the sheriff for personal service (or let the plaintiff elect service under Section 2004(C)) if the mailed copy comes back undelivered.
Full Text of § 1755
Amendment History
Laws 1968, SB 536, c. 322, § 5, eff. 1/1/1969; Amended by Laws 1971, SB 18, c. 76, § 1; Amended by Laws 1993, HB 1771, c. 210, § 1.
Plain-English Summary
Unless the plaintiff specifically asks for service by the sheriff or another authorized person, Section 1755 has the clerk serve the defendant by certified mail. The clerk mails a copy of the affidavit and order, prepays the postage, requests a return receipt from the addressee only, and attaches the receipt and return card -- or other evidence of service -- to the original affidavit.
If the certified letter comes back undelivered and there's still time to serve the defendant before the hearing, the clerk turns the papers over to the sheriff to serve within the deadlines set by Section 1756. The plaintiff can instead elect to have service governed by subsection C of Section 2004.
Frequently Asked Questions
How is the defendant notified of a small claims case in Oklahoma?
By certified mail, unless the plaintiff has asked for service by the sheriff or another authorized person -- the clerk mails the affidavit and order and requests a return receipt.
What happens if the certified mail is returned undelivered?
If enough time remains before the hearing, the clerk delivers the affidavit and order to the sheriff for service within Section 1756's deadlines, or the plaintiff can elect service under subsection C of Section 2004.
What proof of service does the court keep?
The clerk attaches the certified mail receipt and the signed return card, or other evidence of service, to the original affidavit.
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: small claims certified mail service oklahomasheriff serve small claims papers oklahoma12 O.S. § 1755