Florida Accounts Receivable - Guaranty

State:
Multi-State
Control #:
US-00401
Format:
Word; 
Rich Text
Instant download

Description

This form states that the guarantor unconditionally and absolutely guarantees to payee(s), jointly and severally, the full and prompt payment and performance of any and all account receivable charges by the customer incurred to the payee, including collections fees and reasonable attorneys' fees, up to a certain maximum amount.
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How to fill out Accounts Receivable - Guaranty?

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FAQ

The maximum payout for an insurance claim varies based on the type of policy and coverage limits. In Florida, each insurance policy will have its own specified limits, which can be influenced by the type of coverage you select. Familiarizing yourself with these limits is crucial for managing your Florida accounts receivable - guaranty efficiently. For clarity on policy details and claims, USLegalForms offers a comprehensive solution, providing access to necessary documents and expert insights.

The Florida Insurance Guaranty Association (FIGA) provides coverage for claims when an insurance company becomes insolvent. Currently, FIGA covers up to $300,000 for claims related to property insurance, and up to $300,000 for claims related to liability insurance. Knowing this maximum can help you navigate your Florida accounts receivable - guaranty with confidence. For assistance in understanding your rights and obligations, consider using resources from USLegalForms.

A guarantor has several legal rights that help protect their interests, especially in Florida Accounts Receivable - Guaranty situations. These rights include the ability to seek reimbursement from the primary debtor if they fulfill the obligation. Additionally, guarantors can request access to financial records to understand the debtor's situation better. It's wise for guarantors to be aware of these rights to make informed decisions.

Yes, a guarantee can typically be assigned, but it depends on the terms outlined in the original agreement. In the context of Florida Accounts Receivable - Guaranty, this means that if the original guarantor is unable to fulfill their obligations, another party may take over the guarantee. However, it is essential to review the contract to ensure that assignment is permitted. Consulting with a legal expert can provide clarity on your specific situation.

Under Florida law, the guarantor can be held liable only when a court determines the guaranty is lawful and the alleged debt is actually owed. In other words, a guarantor may not escape liability if the absolute guarantee is lawful and the party owing the underlying debt is liable under that debt.

And, like in any breach of contract case, a plaintiff in a case claiming the breach of a guaranty must prove: (1) the existence of the contract (i.e., the guaranty); (2) a breach of the contract (i.e., a failure of the guarantor to pay); and (3) damages resulting from the breach (i.e., the amount remaining due).

A guaranty is a legal commitment by one party (the guarantor) to take responsibility for another party's (the debtor) financial obligation if that debtor fails to meet their obligations. If the debtor defaults on their payments, the guarantor becomes responsible for fulfilling those financial obligations.

Under Florida law, the guarantor can be held liable only when a court determines the guaranty is lawful and the alleged debt is actually owed. In other words, a guarantor may not escape liability if the absolute guarantee is lawful and the party owing the underlying debt is liable under that debt.

In a finance or lending context, a guarantor would be forced to answer for the debt or default of the debtor to the creditor, if a debtor does not fulfill an obligation on their part to repay their debt.

In California, a complaint for breach of guaranty requires: (1) the existence of a contract; (2) plaintiff's performance or excuse for non-performance under the contract; (3) defendant's breach under the contract; and (4) damages. Acoustics, Inc. v. Trepte Constr.

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Florida Accounts Receivable - Guaranty