Legal Question in Consumer Law in Massachusetts

Credit, LLC

As Manager of LLC I signed personal guaranty for credit from a vendor for another member of LLC. That member did not know I signed this letter of credit. This would be fraud. What is penalty? Issue is in collection with lawyer - What is ramnifications of my saying that I forged documents and member should not be personnally responsible?


Asked on 8/28/08, 6:28 pm

4 Answers from Attorneys

Gregory Lee Gregory P. Lee, Attorney at Law

Re: Credit, LLC

You at the very least will be personally liable. You are also subject to prosecution for forgery.

The ramifications are the same if you don't volunteer the information, though. Sooner or later, someone will figure it out. This is one where it may be better to privately consult a lawyer and do your best to square it with his or her help.

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Answered on 8/28/08, 6:47 pm
Joseph Murray Joseph M. Murray, Esq.

Re: Credit, LLC

You should retain an attorney and speak only to that attorney about this matter. Good Luck!

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Answered on 8/29/08, 10:34 pm
Craig J. Tiedemann Kajko, Weisman & Colasanti, LLP

Re: Credit, LLC

You will almost certainly be responsible for paying for the costs and legal expenses of the forme LLC member related to the collection (and any related) action. You might face criminal and certainly civil liability for fraud, forgery, unfair business practies, etc., perhaps additional claims.

If the jig is up on this thing, your best course is to retain counsel to immediately stop the bleeding, then help mitigate the damage to you as much as possible, beofre matters get worse; potentially much worse. Sometimes counsel can negotiate for you to offer to make full disclosure, in exchange for some form of leniency in return for your information, but this is a highly sensitive situation which must be very carefully handled by experienced counsel.

Feel free to contact me directly, right now if need be, to discuss your options for proceeding through this. Right now, you need to immediately focus on stopping the bleeding.

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Answered on 8/28/08, 7:33 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: Credit, LLC

A personal guarantee puts you personally liable.

If you are saying that you signed another person's name, then this is a form of identity theft, larceny, and a breach of your fiduciary duty.

Without going farther, speak to no one, and contact a criminal defense attorney, like myself, ASAP

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Answered on 8/28/08, 11:27 pm


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