Okla. Admin. Code § 340:2-28-33

Current through Vol. 42, No. 3, October 15, 2024

Section 340:2-28-33 - Default and agreed judgments

(a) A default judgment or administrative order may be entered, without formal motion or notice of taking of default, when:

(1) after statutory requirements for service have been met, a party fails to:

(A) appear for a set hearing date;

(B) file a responsive pleading; or

(C) request a hearing within the statutory time allotted; or

(2) having requested a hearing, the obligor fails to make an appearance at the hearing.

(b) Documents filed in support of the proposed default judgment are:

(1) proof of service;

(2) Servicemember's affidavit in accordance with the Service member's Civil Relief Act of 2003 and Department of Defense Status Report;

(3) Proof of breach of payment, when basis of claim;

(4) Copy of underlying order(s), when basis of claim;

(5) Amount of debt, including principle and interest;

(6) proof of paternity/maternity, when available and when basis of claim; and

(7) any other item specifically requested by the assigned judge.

(c) An agreed judgment or administrative order may be entered upon the basis of mutual intent of all parties in accord with the law, as evidenced by their signatures or by an authorized representation, on the document or in open court, that one or more parties has waived signature. The following documents are filed in support of the proposed agreed judgment:

(1) Copy of underlying order(s), when basis of claim;

(2) proof of paternity/maternity, when available and when basis of claim; and

(3) any other item specifically requested by the assigned judge.

Okla. Admin. Code § 340:2-28-33

Added at 9 Ok Reg 113, eff 10-17-91 (emergency); Added at 9 Ok Reg 2761, eff 7-13-92; Amended at 20 Ok Reg 2033, eff 7-1-03; Amended at 24 Ok Reg 2176, eff 7-1-07

Amended by Oklahoma Register, Volume 38, Issue 24, September 1, 2021, eff. 9/15/2021