Long Arm Statutes
This is a discussion on Long Arm Statutes within the Civil Litigation forum, part of the ATTORNEYS, COURTS, LITIGATION category; Oklahoma corporation (X) has sued defendant Virginia corporation (Y) in Oklahoma small claims court. The claim arises out of printing ...
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#1 |
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Junior Member
Join Date: Mar 2008
Location: Colchester, CT
Posts: 1
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Oklahoma corporation (X) has sued defendant Virginia corporation (Y) in Oklahoma small claims court. The claim arises out of printing services provided by X to Y. There is no formal contract. Services were arranged through a middleman in Maryland. Y claims services provided were defective and did not pay all of X's billing. The payments Y did make were one through the middleman and then one directly to Y.
Y has no presence in Oklahoma. All contacts between X and Y were either through the middleman or directly by email and/or telephone. The printed materials were delivered to Y in Virginia. The amount being sued for is $5,000, so it is impractical for Y to actually defend in Oklahoma. Service of the complaint was made "in hand" by a process server in Virginia. Questions are: (1) Does Oklahoma small claims court have personal jurisdiction to enter a judgment against Y? (2) If Y wishes to contest jurisdiction in Oklahoma, how does it do it without having to hire an Oklahoma attorney? (3) If Y ignores the small claims suit, will Y be able to successfully oppose a subsequent enforcement action in Virginia? |
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#2 |
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Guest
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You can often ask to appear just by phone to argue that the court does not have jurisdiction...
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