Legal Question in Business Law in Pennsylvania

Is a credit application considered a negotiable instrument and could a vice president of a company who signs for a line of credit be held personally liable if the amount due is placed in collections for non-paymebnt


Asked on 7/16/11, 4:55 pm

1 Answer from Attorneys

Andrew Solomon Law Office of Andrew A. Solomon

It depends on how the vice president signed his name on the document, and the language of the credit application itself. If he signed it solely in his capacity as 'vice president" and did not sign a "personal guarantee". Then he would be okay personally. If he signed the credit application in his personal capacity, that is, just his name, and not in his capicty a vice president for the ompany, he could be liable.

The other queston is the vice president married. Generally, a judgment against a husband alone, is often worthless, as most possessions that spouses own are owned jointly by marriage. As a result, any property the VP owned with his spouse, is probably protected (Unless of course theVP's wofe also signed the creidt application.

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Answered on 7/16/11, 8:26 pm


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