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is there a legal definition of a signature? and if so what is it. I signed and dated a credit app for my LLC. the salesman wanted me sign a personal guarantee but i told him i dont do that because i have an LLC. he had me draw a line through the personal guarantee and initial that i read it. no signature and no date. now i am being sued personally and the point of contention is weather or not its a signature. I cant afford a lawyer so i have to answer the complaint myself.
Optional Information: Country relating to Question: United States State (if USA): North Carolina
Thank you for the post, I am happy to assist you by answering your questions. Black's law dictionary (the most oft cited source for legal defintions of terms not defined by applicable statute) defines a signature as: "The name of a sort of rescript, without seal, containing the supplication, the signature of the pope or his delegate, and the grant of a pardon. In contracts. The act of writing one’s name upon a deed, note, contract, or other instrument, either to identify or authenticate it, or to give it validity as one’s own act. The name so written is also called a “signature.”Source: SIGNATURE | Definition of SIGNATURE (Black's Law Dictionary)In your case, you have grounds to defend the suit on the basis of the amendement you proposed which was accepted as the strike through the relevant language, your amendment is considered accepted when they signed the contract relecting such terms (the waiver of personal liability). Please let me know if you need additional guidance.
Experience: Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements