If a personal guaranty 1) is not notarized, 2) not signed by BOTH parties, 3) has no expiration date, 4) includes ambiguous

Asked over 3 years ago - Williamstown, KY

wording, etc. - what's the chance that a judge would rule the "contract" not valid and dismiss the lawsuit?

Attorney answers (2)

  1. Bryant Keith Martin

    Contributor Level 18

    Answered . 1. Notarization has nothing to do with enforcing an obligation unless there is a dispute as to identity or whether the obligor actually signed the doc.
    2. A guaranty need not be signed by anyone but the guarantor.
    3. Ordinarily a guaranty expires when the obligation being guaranteed expires, so I don’t see the need for an expiration date on the guaranty. The guarantor would like to have an early expiration, of course.
    4. I have no idea whether the language is ambiguous without reading the Guaranty.

    No’s 1, 2 and 3 will not provide any relief from liability on the Guaranty. Take the doc to a lawyer for advice on No. 4.
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    DISCLAIMER—This answer is for informational purposes only under the AVVO system, its terms and conditions. It is not intended as specific legal advice regarding your question. The answer could be different if all the facts were known. This answer does not establish an attorney client relationship. I am admitted only in California.
    (Bryant) Keith Martin
    sbbizlaw.com

  2. Sarahjane Davidson

    Contributor Level 13

    Answered . The personal guarantee was made, right? You're not disputing that, are you - just trying to get out of it on a technicality? I agree with the other lawyer who answered, and expect the judge to find the guarantee contract binding.

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