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J.Hazelbaker
J.Hazelbaker, Attorney
Category: Business Law
Satisfied Customers: 4385
Experience:  Experienced and trained in the area of business law.
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I recently closed a business. My husband and I signed a personal

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I recently closed a business. My husband and I signed a personal guarantee but never sent the hard copy to the supplier. They only have a fax copy. Can they enforce that guarantee?
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J.Hazelbaker :

Hello. Thank you for using JustAnswer.

J.Hazelbaker :

Unfortunately, under Oregon contract law, the faxed copy is sufficient to hold you legally liable for the personal guarantee.

J.Hazelbaker :

When an original copy is not produced, a party to a lawsuit may introduce a copy into evidence as long as they explain why the original is not available (e.g. lost). In this case, since you retained the copy, they can simply assert that fact and the duplicate will be accepted.

J.Hazelbaker :

In addition, they can serve you with a production of documents discovery request and you would be obligated under Oregon law to provide the original.

J.Hazelbaker :

I'm sorry to be the bearer of bad news.

J.Hazelbaker :

I see you are still offline. Please let me know, if you have follow-up questions when you log back on.

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