Legal Question in Civil Litigation in Massachusetts
credit application/w persoanl guarantee
back in 98 i signed a credit application, in small print above my name that i am personally guaranteeing it. 1st i never owed any stock in this company, i was only president. 2nd i was never told about the line above my name. i am being sued after the company closed and did not pay final debt. i can not afford an attorney!
2 Answers from Attorneys
Re: credit application/w persoanl guarantee
Do you have a copy of the credit application that you signed? How was the credit obtained used? Did you sign the application and any related documents as "President" of the company? Was the company a corporation? How many shareholders? Other directors or officers? What provisions were in place in your corporate documents for indemnification of officers or directors for lawfully conducted authorized acts in their "official" capacities? Was there any insurance to cover such liabilities? Under what terms did the company end its existence? When you answer those questions you will have a better idea of what to do. As an initial inquiry, at the very least, full and complete answers to those questions need to be made. Then an attorney may better be able to answer your further questions.
Respectfully,
Attorney Thomas Abdow
Re: credit application/w persoanl guarantee
Further thinking about your question, you also need to know when the last "charge" or contractual service was rendered under this credit agreement and when the last payment was made if any. Your case may present a good statute of limitations defense depending on the dates of those occurrences and the nature of the contractual language.
Atty. Abdow