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Dave Kennett
Dave Kennett, Attorney
Category: Business Law
Satisfied Customers: 27689
Experience:  25 years practicing law
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I plan on responding, but is there anything else that I am

Resolved Question:

I plan on responding, but is there anything else that I am missing? Is there anything I need to be prepared for on why the attorney would have not mentioned us individually in the first suit?
Submitted: 5 years ago.
Category: Business Law
Expert:  Dave Kennett replied 5 years ago.
It would appear to me that the attorney just made a mistake since there is no logical reason why any attorney would not have named both the corporation and the guarantor in the same suit. Obviously I haven't read the file but if in the first suit only the corporation was mentioned then the judgment would only be against the corporation. One thing you may want to check is whether the lease had an acceleration clause which would allow the landlord to sue for the balance of the lease rather than just what is past due, It's just a thought but it is something I always check in any lease lawsuit.,
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