How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask JoeLawyer Your Own Question
JoeLawyer, Attorney
Category: Bankruptcy Law
Satisfied Customers: 767
Experience:  Attorney in the practice of Bankruptcy Law since 1996
Type Your Bankruptcy Law Question Here...
JoeLawyer is online now
A new question is answered every 9 seconds

Filed LLC Business Bankruptcy but signed a personal ...

This answer was rated:

Filed LLC Business Bankruptcy but signed a personal guarantee with one of my Suppliers. The business was in California and the Supplier is in Virginia and that is where the law suit is filed against me. Can I wait it out to make them file against me in California? What might be the repercussions of that? I cannot afford to fight this lawsuit in California much less in Virginia. What will happen if I don''t respond to the law suit in Virginia?


Generally one cannot "wait out" a lawsuit, if the defendant fails to assert that the jurisdiction the lawsuit was filed in is wrong, then the plaintiff will get a default judgment.

So, if you want to lawsuit moved to California, you may need to file Motion to Dismiss based on lack of jurisdiction or whatever the equivalent motion is in Virginia. Of course, if you signed some document that in the fine print says that Virginia is the proper venue in which to pursue all claims regarding the contract, then your attempt to move it to California may fail.

But, like I said, if you do nothing they will eventually get a default judgment against you. Then, they could probably file their Virginia judgment in California as a foreign judgment and pursue you for collection.

I don't know if this answered your question, and if not please let me know.

I hope this helps and a positive feedback is always appreciated if this was useful to you.


LEGAL NOTICE: I am only licensed to practice law in certain state(s) and I cannot give legal advice to someone who does not reside in a state in which I am licensed, nor shall anything I say in the above answer or elsewhere on this site be deemed legal advice, even to someone who resides in a state in which I am licensed. Fees I receive for answering questions are paid for information, not for legal advice. This forum is designed to provide general information only, and information herein is not warranted to be correct or applicable in any way since laws may have been misinterpreted herein, since laws change from time to time, and since the impact of those laws on any particular situation varies. The information presented in this site shall not be construed to be formal legal advice nor the formation of an attorney-client relationship. Persons accessing this response are encouraged to seek independent legal counsel in their jurisdiction for guidance regarding their individual circumstances. Do not take any action or inaction based on information presented herein since it is informational and may not be accurate or applicable to you; it merely attempts to give you a basis of knowledge to help you formulate questions to ask a legal or other professional in a face-to-face meeting in your jurisdiction. Joseph Ross does not hold himself out to be a specialist or expert in any area, regardless of assertions made by any third party, and any implication of being an expert or specialist herein is made in error. I hope the information presented above is useful to you. Answer above is (c) Joseph Ross. All rights reserved.

JoeLawyer and 2 other Bankruptcy Law Specialists are ready to help you

Related Bankruptcy Law Questions