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Does a personal guaranty need to be witnessed to be valid in Florida?

Tampa, FL |

If so, what is the Statute number

Attorney Answers 2

Posted

A personal guarantee on a promissory note does not require a witness.

This response does not create an attorney-client relationship. Unless you are already a client of the Mallory Law Group, pursuant to an executed employment agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Earl K. Mallory ekmlaw@bellsouth.net (561)743-3708.

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1 comment

Asker

Posted

Is there a case holding this, or a statute? I need to point it out to "my friend."

Posted

I concur with Attorney Mallory's sound answer.

Disclaimer Information on this site is provided by Brian Scott Wayson as general information, not legal advice, and use of this information does not establish an attorney-client relationship. If you have questions about your specific situation, please call an attorney.

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4 comments

Asker

Posted

Thank you for such an eloquent concurrence, sir. Could you provide the legal basis for your concurrence in the form or a stature of case law?

Brian S Wayson

Brian S Wayson

Posted

Sure, the stature of case law is such that stare decisis rules the day, making many rue the day when precedent took precedence over their presence. You might find that their are a near infinite number of things the law does not comment directly on, thus it is impossible to cite a statute or case law holding where none exists.

Asker

Posted

There must be a case holding "a personal guarantee on a promissory note does not require a witness" in Florida. An indirect holding or concurrence will suffice.

Asker

Posted

Further, are you implying no case in FL holds that a personal guarantee on a promissory note does not require a witness?

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