Legal Question in Civil Litigation in Pennsylvania

The phrase ''joint and several'' missing from personal guarantee.

I and my business partner had both signed a personal gurantee of the performance of our business to the terms of a lease of a store in a large shopping center [ rent, etc. ]. The business was a corporation. Since then, the business has gone defunct and my partner has declared a personal bankrupcy. I have not done so because every thing that I own is jointly owned with my wife. The personal guarantee that we signed was a simple one lined sentence stating that we both personally guarantee the performance of the business to the lease. The words ''joint and several'' were missing from the guarantee. Am I still liable for this debt?


Asked on 12/06/06, 11:44 am

2 Answers from Attorneys
Gerald Hershenson Law Office of Gerald M. Hershenson

Re: The phrase ''joint and several'' missing from personal guarantee.

You are personally liable.

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Answered on 12/06/06, 11:53 am
Solomon Weinstein Solomon Weinstein, Esquire

Re: The phrase ''joint and several'' missing from personal guarantee.

I would review the lease and personal guarantee with an attorney at once. The personal guarantee of the obligation could obligate you and your former partner for the debt of the corporation. As he has filed a personal bankrupty it is likely is obligation may be discharged in the bankruptcy. Of course there could be a contested or adversarial proceeding in the bankruptcy court to contest his discharge of the liability. In any event there is a strong likelihood you may have personal exposure for the debt. I would not wait in consulting with an attorney.

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Answered on 12/06/06, 11:53 am


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