Complaint Promissory Note With Personal Guarantee

State:
Multi-State
Control #:
US-01126BG
Format:
Word; 
Rich Text
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Description

The Complaint Promissory Note with Personal Guarantee is a legal document used to initiate a lawsuit concerning a debt and the obligations of the involved parties. This form is essential for plaintiffs seeking to recover funds due under a promissory note, which is a written promise to pay a specified amount. Key features of this form include the requirement to specify the identities of both the plaintiff and defendant, details of the promissory note, the acknowledgment of performance of obligations by the plaintiff, and the assertion of the defendant's default. Users can attach a copy of the promissory note as Exhibit A for reference. In filling out the form, parties should ensure accurate information regarding dates, amounts owed, and attorney’s fees is provided. This document is particularly useful for attorneys, partners, and legal assistants working on debt recovery cases, as it provides a structured framework for presenting claims in court. Paralegals and associates can also benefit from this form, as it allows for clearer communication of legal obligations and facilitates the retrieval of owed amounts effectively.
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FAQ

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.

The Benefits of a Personal Guarantee The asset (promissory note) is protected by the collateral (the guarantor's promise to pay, and the ability to sue the guarantor personally for noncompliance with the terms of the promissory note). As with any collateral, a personal guarantee gives the asset more security.

At its most basic, a promissory note should include the following things:Date.Name of the lender and borrower.Loan amount.Whether the loan is secured or unsecured. If it's secured with collateral: What is the collateral?Payment amount and frequency.Payment due date.Whether the loan has a cosigner, and if so, who.

A personal guaranty is not enforceable without consideration In fact, no contract is enforceable without consideration. A personal guaranty is a type of contract.

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.

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Complaint Promissory Note With Personal Guarantee