Legal Question in Credit and Debt Law in Nevada

guarantees

I signed a guarantee for a third party as a courtesy so that they could rent a piece of equipment. The leasing company has now sued me for guaranteeing several equipment rentals for the company. No one ever told me they had even approved the credit extension to the company nor did they ever contact me in any regard prior to the lawsuits. What are defenses to a guarantee of an extension of credit


Asked on 11/11/07, 9:32 pm

3 Answers from Attorneys

Robert Mccoy Law Office Of Robert McCoy

Re: guarantees

You would be bound by the terns of the contract you signed. In order to sufficiently answer your question, an attorney would need to read your contact. At the very least, you have a cross suit against the person you guaranteed for.

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Answered on 11/11/07, 10:02 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: guarantees

Statute of limitation, and satisfaction of the debt. Please let me know if I could assist you with preparing your response to the complaint.

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Answered on 11/11/07, 10:09 pm
Jeffrey Cogan Jeffrey A. Cogan, Esq., Ltd.

Re: guarantees

There is also the defense of waiver. If they sued the principal and not you, you could argue waiver. They should have sued on the guarantee at the time they sued the principal. If you need a Nevada lawyer, please write me if you want an appointment.

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Answered on 11/12/07, 10:32 am


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