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A promissory note is a legal document signed by a debtor who promises to pay a debt in a form and manner as described in the document. A personal guaranty, as defined at businessdictionary.com, is an agreement that makes one liable for one's own or a third party's debts or obligations.
Personal guarantees are usually enforceable. The typical route would be for the lender to take the guarantor to court to request the enforcement of a judgement against their personal assets. Once a lender takes legal action, the enforcement of a personal guarantee can be a quick process.
How to Write a Personal Guarantee?Information About the Parties.Information About the Loan.Subject of the Guarantee.Terms and Conditions.Contact Information.Signatures.Witness.
Generally, as long as the promissory note contains legally acceptable interest rates, the signatures of the two contracted parties, and are within the applicable Statute of Limitations, they can be upheld in a court of law.
7 Ways to Avoid a Personal GuaranteeBuy insurance.Raise the interest rate.Increase Reporting.Increased the Frequency of Payments.Add a Fidelity Certificate.Limit the Guarantee Time Period.Use Other Collateral.