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 Roger Your Own Question
Roger, Attorney
Category: Business Law
Satisfied Customers: 30910
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Type Your Business Law Question Here...
Roger is online now
A new question is answered every 9 seconds

I owned a franchise and filed bankruptcy in June 2013. Per

This answer was rated:

I owned a franchise and filed bankruptcy in June 2013. Per the franchise I had to close since I filed bankruptcy. So I closed my franchise tax business and opened up an new business under another name. The franchise is now suing me for a non-compete clause. They filed in Virginia court. (Where they are based). I am in California. What can I do to keep my business?

Roger : Hi - my name is XXXXX XXXXX I'm a Business litigation attorney. Thanks for your question. I'll be glad to assist.

Thank you

Roger : Non-compete agreements are illegal is California, so you would have the ability to claim that this term of your agreement with the franchise is illegal under Ca. law.

How do I get the suit to California? That is why they want to do it in Virginia. I am in California

Roger : Although you're being sued in Va, the contract is being administered in Ca. If the franchise agreement says that venue of any suit is Va, then you're hung with that. However, you could still argue that the provision is inapplicable in Ca.

How do I find a attorney that can handle it in Virginia?

Roger : The best thing to do is get a Va. attorney to respond to the lawsuit and file a motion to dismiss the case based on this.
Roger : The best way to find an attorney is to visit

Thank you I will do that next You have been verrrry helpful!

Roger : You can search for an attorney by area of practice and location.
Roger and other Business Law Specialists are ready to help you