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C.Fortunato
C.Fortunato, Attorney
Category: Legal
Satisfied Customers: 8023
Experience:  Admitted NYS Bar, member ABA, NYSBA, NYCBA, QCBA, Licensed Real Estate Broker
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I was an owner of an LLC which has been shut down for over

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I was an owner of an LLC which has been shut down for over 1 year. I am being sued for a debt where the plantiff's claim is that I personally guarenteed a $ 20 k debt. The evidence which he has is the personal guarentee document with my name and address filled in (that I began to fillin) but no signature from either party, no witnesses. The plantiff's attoney used some legal language stating that because i began to fill out this document, this is evidence of agreement - is this true?

cfortunato :

It is true that a partially-filled out personal guarantee agreement is evidence that such an agreement was intended.

cfortunato :

That is, without your signature, and without your admitting that you did personally guarantee the debt.

cfortunato :

However, without your signature, that evidence cannot support a claim that you in fact personally guaranteed the debt.

cfortunato :

In other words, without your signature, and without an admission on your part that you did personally guarantee the debt, the plaintiff will not be able to get a judgment for this debt.

Customer:

ok, got it... thanks.

cfortunato :

Because there is not enough proof.

Customer:

Thank you.

cfortunato :

You're welcome!

cfortunato :

But before you leave, please don't forget to provide a positive rating for my help.

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