Atlanta, GA asked in Business Law, Civil Litigation and Contracts for Georgia

Q: Can I go after the franchisor if an officer of my corp. fraudulently encumbered my business?

This action arises from the findings of the court AFTER A Divorce case: Wife (an officer only) alters corp docs, tax returns, shares, etc. of my business and then executes a franchise agrmnt as "100% shareholder" with big company - third party w/o my knowledge. (all clearly stated in final decree including that I am "sole shareholder", not her!) Court found that as a result of that franchise agrmnt they can't give me back business. Can I go after the franchisor - third party for - no due diligence, fraud, RICO, since they knew and assisted her in this maneuver? Lots of supporting docs, but no smoking gun like video or correspondence between them. Final Decree is brutal! Deep pockets third party.....local.

1 Lawyer Answer
D. Mathew Blackburn
D. Mathew Blackburn
Answered

A: You can try but it's going to be difficult and without all the facts, which you should not reveal on a firum, it's impossible to say whether it would be worth pursuing. I would suggest that you look for an attorney to help you go through the documents and gather any evidence that exists and together you can determine if there is enough to move forward with a suit and obtain discovery powers to aquire additional evidence.

Bruce Alexander Minnick agrees with this answer

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