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

Williamstown, KY |

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

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Attorney answers 2


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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(Bryant) Keith Martin


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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