SWBYP seeking collection judgement in Oklahoma?

Question

We used to live in Kansas but operated a business in Oklahoma. Soutwestern Bell Yellow Pages screwed up our ad and we refused to pay for it. Now they are trying to sue us for the money, three years later. In the original papers, they asked us to verify that we are Kay County residents, which is where they have filed the suit. We have not ever been Kay County residents. Does that affect the suit at all? Also, they have scheduled a hearing so soon that there is no way we can attend. What are our options?

Answer 1

They can file in the county that you were in or in the county that they  are in. You need to check on the statute of limitations in the state that you are being sued in. The next thing that you need to do is file an ANSWER to the court. If the court is not in any of those counties then you can move to dismiss in the answer. If the court is in one of those counties then you you may need to use statute of limitations and the terms "accord and satisfaction." In the answer. Whatever you do, don't ignore this.

Answer 2

File a motion is the court to dismiss for cause of a defective filing.  Since your business is not of the county indicated.  They are looking for a default judgment.  You need to stop the process, and claim lack of jurisdiction.  If you had no business in the county they have filed in - then there is a jurisdiction problem.  

However - they will collect the appropriate information from your filing to file in the right county.  It depends on the court docket, but you may have another 2 years to go.  

You may wait to check the statues of limitations on the debit.  It may be expired.  If it is you do not have to pay.