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JoeLawyer, Attorney
Category: Bankruptcy Law
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Experience:  Attorney in the practice of Bankruptcy Law since 1996
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Filed LLC Business Bankruptcy but signed a personal ...

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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.


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