Process servers in Oklahoma face a lot of challenges when serving a defendant’s legal papers. From encountering evading defendants to being met with assault, processing serving in OKC doesn’t come with much ease.
Obstruction of Justice by a small-town sheriff is one of those frustrating challenges a process server in OKC can come across. This scenario can be quite frustrating, as it may render every method of service employed by the process server in Oklahoma City abortive.
The provision of process service laws in most states in the U.S frowns at obstruction of Justice. Hence, the process server Edmond, Oklahoma, can still find a way to restrain the unconstitutional effort of such a small-town Sheriff.
This article shows practical steps a process server Oklahoma can take to stop a small-town Sheriff in OKC from obstructing his duties due to his relationship with the defendant.
Steps to Restrain a Small-town Sheriff Committing Obstruction of Justice
Any of the steps below should be able to help you restrain the sheriff or allow you to deliver your papers without the interference of the sheriff. These steps include:
- Issue a warning — Most times, a simple stern warning can make the sheriff back off from frustrating your effort to serve his friend. The process server Oklahoma must ensure that his warning doesn’t come off as a threat that could attract legal action.
Inform the sheriff about the possible consequences of his actions under the law, and warn that you’d involve the law if there’s any further direct obstruction to your service.
This should naturally get the sheriff off your back, but some are stubborn and may not bulge with this single step alone. Hence, you may need to look into other steps to stop the sheriff from obstructing the service process.
- Inform the lawyer — Informing the lawyer in charge of the case is another way to get the sheriff to back off. The lawyers know precisely the appropriate ways to get him restrained under the law.
Thus, if your warning doesn’t seem to be effective, you can inform the legal practitioner of the case and expect a change within the shortest period.
The sheriff is more likely to fear a lawyer than a process server Lawton Oklahoma. Hence, informing the lawyer will be taken with more seriousness if your warning is taken lightly.
- Inform his superior — A small-town Sheriff definitely has people he’s answerable to. Involving these people in the matter can help you get a faster result.
A warning call from a superior body will immediately put the sheriff to halt on whatever he’s doing to obstruct you.
This is like carrying out the warning you issued and should be followed once the sheriff doesn’t show signs of stopping after your warning.
- Get a Court Restraint — You can leverage the court support by informing the court clerk about the situation. A court clerk can help you get a restraining order from a judge, which can help you stop the sheriff’s constant obstruction.
The sheriff can’t disregard a court’s order, except they want to face the consequences of doing such. Hence, this should be another effective method to stop a small-town sheriff from prohibiting the service of process.
- Device Alternative Means of Service — As an Oklahoma City process server, you should be creative with your ways of serving legal papers.
If a small-town Sheriff proves an obstruction to direct service, you can explore other serving means under the law provision.
Process server Edmond Oklahoma can choose to serve the process through mail, staking out, or giving anybody above 18 in the defendant’s residence or workplace.
- Inform Your Agency — If you belong to any reputable process serving company in OKC, you can always revert to them on your challenges.
Oklahoma Judicial Process Server (OJPS) is a reputable process serving company in Oklahoma that ensures they’re there when an OKC process server faces any challenges.
These process serving companies can contact the appropriate authorities on your behalf to restrain the sheriff from disrupting your service process. It’s one of the numerous options you have if things become increasingly frustrating.
- Serve Through the Sheriff — The provision of Oklahoma process services allows process server Tulsa Oklahoma, process server Ardmore Oklahoma, and all process servers in Oklahoma to serve defendants through a third party.
The third party must have an established relationship with the defendant and must be above 18. Since the sheriff fits these descriptions, you can choose to serve the defendant through him and file an affidavit of service with necessary information immediately.
Doing this leaves the sheriff with no other choice than to deliver the papers himself, thus leaving him in an awkward and challenging situation.
Implications of Prohibiting Service of Process by a Small-town Sheriff
When a supposed law enforcer is aiding a defendant to evade the law, it’s clear justice obstruction. This could have diverse implications for the case and the sheriff. Stern legal actions against the sheriff could leave him with sanction, possible dismissal, or fine.
While an unchecked obstruction could allow the defendant to escape court appearance, this is possible if the process server cannot deliver the legal papers within the stipulated period by the law.
It could also help the defendant evade judgment by forcing the process server Enid Oklahoma to use means that are against the law. The defendant’s legal practitioner could explore any deficiency in the means of serving process to get the court to dismiss the case.
Obstruction of Justice is a serious offense that, when taken up seriously, could land the perpetrator in serious legal issues. But the case doesn’t have to go that far if the sheriff heeds a warning or restraint order at first.
However, failure to do so could attract sanction, fine, loss of badge, or even jail term for the sheriff. This depends on how serious the case is and how cogent the legal practitioner or process serving agency takes up the obstruction case.