Legal Question in Business Law in North Carolina

We have a balance of $200 k to a supplier that was from doing work for Ryland Homes. Ryland has washed there hands of us and the bill and left the bill to us. The supplier has a personal agreement from us that is not signed but has our names hand printed on it and the document is not witnessed or notarized. On the document by our names is a place where it says "witness" The supplier is stating that the document legally holds us responsible. Do we have a chance to fight this ? If the supplier is stating that this is a legal document then why is it not notarized or witnessed? Should we follow through with a trial or give up and take Bankruptcy ? Help we have four children and a home but just barely hanging on !!


Asked on 7/27/10, 6:42 am

1 Answer from Attorneys

Kevin B. Murphy Franchise Foundations, APC

Any attorney will say the agreement needs to be reviewed. A legal document does not necessarily need to be notarized or witnessed. It does usually have to be signed. If you haven't signed it, you probably have a strong defense. Who printed your names on the document? Ask the supplier to provide you with a SIGNED document. Consult with a good business attorney in your area for specific advice.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 7/27/10, 12:32 pm


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