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Old 11-01-2009, 01:17 AM
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Join Date: Jan 2009
Posts: 4

Is my non compete enforceable?


What is the name of your state (Nevada)?

I recently was forced to turn over my company to another company in exchange for shares in the other company. I did not want to do this but had no choice since I did not have the money it takes to go to trial and fight for my company. When we settled I had to sign a non compete that prevented me from selling Dedicated Servers and Virtual Private Servers. Anything else related to hosting was fine. But in return I was supposed to get $5,000 up front and another 35K over the next year. I have to date only received about 3K of the first 5K and nothing else. I have also been ignored and banned from any logins to the billing system where I could see how things were going.
I now hear that the owner of the public company I had to settle with is planning to de-list his company and go to pink sheets.

1)Is the none compete valid since I never received the specified compensation?
2)What is my best recourse in this case since I have no money to retain legal counsel now?

The company has been in decline ever since he took it over and I fear it may not last much longer without my assistance. But he has put a 23 year old hacker in charge who I understand is involved with stealing clients websites and data for his own gain. And who was fired by me for putting harmful code on the servers prior to settling with my opponent.

I fear the company will be sold off and any shares I have in the public company will be worthless.

The company I have signed a non compete with is Incorporated in Nevada and I and the principle of that company live in British Columbia.
  #2  
Old 11-01-2009, 08:49 AM
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Join Date: May 2006
Location: I dunno. What time is it?
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Quote:
Originally Posted by corpquest View Post
What is the name of your state (Nevada)?

I recently was forced to turn over my company to another company in exchange for shares in the other company. I did not want to do this but had no choice since I did not have the money it takes to go to trial and fight for my company. When we settled I had to sign a non compete that prevented me from selling Dedicated Servers and Virtual Private Servers. Anything else related to hosting was fine. But in return I was supposed to get $5,000 up front and another 35K over the next year. I have to date only received about 3K of the first 5K and nothing else. I have also been ignored and banned from any logins to the billing system where I could see how things were going.
I now hear that the owner of the public company I had to settle with is planning to de-list his company and go to pink sheets.

1)Is the none compete valid since I never received the specified compensation?
2)What is my best recourse in this case since I have no money to retain legal counsel now?

The company has been in decline ever since he took it over and I fear it may not last much longer without my assistance. But he has put a 23 year old hacker in charge who I understand is involved with stealing clients websites and data for his own gain. And who was fired by me for putting harmful code on the servers prior to settling with my opponent.

I fear the company will be sold off and any shares I have in the public company will be worthless.

The company I have signed a non compete with is Incorporated in Nevada and I and the principle of that company live in British Columbia.
Since you're not willing to defend yourself, you should not do anything that will bring on legal action.

Only an attorney who has read the entire agreement can advise you.
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