Legal Question in Civil Litigation in Florida

Right of Intervention

Part 1) Can a sole stockholder, major creditor and guarantor of certain corporate obligations intervene (and represent himself) in an action in which the corporation is a defendant and has recently defaulted? The opposing argument being a corporation must be represented by an attorney and such a motion circumvents that requirement.

Part 2) As guarantor and defendant in an action which the corporation has defaulted, can a counter claim be filed against Plaintiff/Creditor for breech of contract, negligence, fraud or unfair and deceptive trade practices as a Third Party Beneficiary of the agreement?


Asked on 7/08/99, 10:32 am

1 Answer from Attorneys
Wendell Finner Wendell Finner, P.A.

Re: Right of Intervention

In general, (1) a guarantor is a person whose interests would be sufficiently affected by litigation on the corporate principal's debt to have a right to intervene (note that such intervention might not prevent a default judgment against the principal) and (2) a guarantor can assert all defenses, or offsets that the principal would have.

The above is a discussion of general principles of law. I can't give legal advice without consulting the client and reviewing all relevant pleadings, contracts and other documents.

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Answered on 7/09/99, 9:49 pm


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