Legal Question in Civil Litigation in Massachusetts
Credit applicatiom
I am being sued on a personal guarantee. Can the company use a credit application with a pg in it from a company they bought. I signed anew credit application with the new company, after they bought the old company. They are trying to get me a to admit facts on another companies credit application, not theirs! Can this be used in court. Does a new credit application void the former, with another companies name and info. Example-i do business with 3com, line of credit. 3com is bought by cisco, i than fill out cisco credit application ans receive credit. Than cisco sues me using 3com credit application. Can they do this? Does the new void the old?
2 Answers from Attorneys
Re: Credit applicatiom
Are they suing you for purchases you made with the former company, or are they suing you for purchases you have made more recently with the new company after you signed the new credit application?
Re: Credit applicatiom
One would have to review both documents to give a definitive answer. It is possible that the credit application/guarantee you gave to the "new" company incorporated by reference the information on the original application. I would have to look at the documents in issue and the relationship between the new and old companies to give a full answer.
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