Suing a Minor
To sue a 16 year old do I name the parents or can I just name the minor?
Answer: I just sue the minor and ask the court thereafter to appoint a guardian ad litem, pursuant to 12 O.S. Sec. 2017C. INFANTS OR INCOMPETENT PERSONS. Whenever an infant or incompetent person has a representative, such as a general guardian, committee, conservator, or other like fiduciary, the representative may sue or defend on behalf of the infant or incompetent person. If an infant or incompetent person does not have a duly appointed representative he may sue by his next friend or by a guardian ad litem. The court shall appoint a guardian ad litem for an infant or incompetent person not otherwise represented in an action or shall make such other order as it deems proper for the protection of the infant or incompetent person.
You serve summons by serving the 16 year-old in person, pursuant to 12 O.S. Sec. 2004(C)(1)(c)(1)and (2): "c. Service shall be made as follows:
(1) upon an individual other than an infant who is less than fifteen (15) years of age or an incompetent person, by delivering a copy of the summons and of the petition personally or by leaving copies thereof at the person's dwelling house or usual place of abode with some person then residing therein who is fifteen (15) years of age or older or by delivering a copy of the summons and of the petition to an agent authorized by appointment or by law to receive service of process,
(2) upon an infant who is less than fifteen (15) years of age, by serving the summons and petition personally and upon either of the infant's parents or guardian, or if they cannot be found, then upon the person having the care or control of the infant or with whom the infant lives; and upon an incompetent person by serving the summons and petition personally and upon the incompetent person's guardian,
As you can see, you serve the parents only when the child is less than 15.
Posted on Mon, August 13, 2012
by Sharon Coleman filed under