Velasco v. Ruiz

Summary

The Supreme Court of Oklahoma held that a default paternity judgment must be vacated because service by certified mail did not comply with the restricted-delivery requirement, the publication notice allowed fewer than the statutorily required 41 days to answer, and counsel was not properly notified of the default-judgment motion. The court reversed the order denying the motion to vacate and remanded for further proceedings.

Holdings

1. Service by mail was insufficient because Oklahoma law requires certified mail, return receipt requested, with delivery restricted to the addressee; Mother's mailings did not satisfy that requirement.
2. The publication notice was invalid because it allowed Father only twenty-eight days from the first publication to answer, while 12 O.S.Supp. 2017 § 2004(C)(3)(c) requires at least forty-one days.
3. The default judgment was also invalid because Mother failed to serve Father's attorney with the motion for default and notice of its hearing after Father had appeared by special appearance.

Questions Presented

1. Whether the district court abused its discretion by refusing to vacate a default paternity judgment when service by certified mail failed to comply with the statutory restricted-delivery requirement.
2. Whether service by publication was legally sufficient when the notice allowed fewer than forty-one days from first publication to answer.
3. Whether the default judgment had to be vacated because Mother failed to provide Father's counsel notice of the motion for default as required after Father's special appearance.

Disposition

reversed_and_remanded