County gets default judgement states improper service

Mayes County claimed Tuesday that it was improperly served notice of a lawsuit filed last May by a woman terminated as a Spanish interpreter for Mayes County Health Department.
Because of the improper notification, the county did not know about the lawsuit, and did not respond to the lawsuit, leading District Judge Terry McBride to award on Aug. 29 a default judgment of $20,000 against Mayes County in favor of Tyana Whiteis, the former county employee.
David Iski, assistant district attorney in the civil division of District 12, filed a motion Tuesday in Mayes County District Court to both strike a Dec. 2 asset hearing to determine Mayes County’s ability to pay the judgment and to set aside the Aug. 29 default judgment against the county. (District 12 includes Mayes, Craig and Rogers counties).
Iski’s brief includes signed affidavits by Mayes County Court Clerk Rita Littlefield and each of her employees, stating they were not served notice of the lawsuit filed by Whiteis’ legal counsel, Kevin Dodson of Pryor and Zachary Barron and Richard Gibbon of Tulsa.

Process server Jeff Kimball signed a “return of service” document on July 13, 2011 stating he served County Clerk Littlefield with a copy of the summons with a copy of the petition attached on July 12, 2011 in connection with CJ-2011-125 (Whiteis v. Mayes County).

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