Legal Question in Business Law in New Jersey

Co-guarantee on Business Loan

Three years ago I co-signed a

business loan from a former business

partner to the business. I have been

out of the Company for 18 months.

The loan still has a balance and the

remaining co-signer is running the

business. My relationship with the

other guarantee has turned hostile. I

have inquired as to the status of the

repayment and have been told he is

trying to pay the balance ($250K). I

still stock in the busines but have no

active role in the operations.

If I notify the holder of the note that

I want to be removed as a guarantee

what are the possible outcomes.


Asked on 2/10/07, 1:11 pm

2 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: Co-guarantee on Business Loan

I agree with Bob that you have a slim chance of getting the guaranty removed. You do not say why you are no longer active in the business or why you still have stock? Are there business assets that can be substituted for collateral for the loan that might induce the lender to release your guaranty? Maybe the other stockholder will do something for your stock. When you left the business did you ask that the other owner give you an indemnification for the loan? There may be things you can negotiate to reduce your exposure or even eliminate it. I also suggest speaking with a good business attorney to assist you.

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Answered on 2/11/07, 1:05 pm
Robert Davies The Davies Law Firm, P.A.

Re: Co-guarantee on Business Loan

with this much money involved, you must consult with an attorney. you have a huge problem on your hands.

the person who expects to get paid has got your guarantee that it will be paid. why would he agree to just let you go?

i do indeed do this kind of work; i can also refer you to a couple of smart lawyers who also do this work. but please, get someone to help you quickly, before this turns into a lawsuit against you or something equally bad.

If you would like, give me a call; I am in northern New Jersey. I will be happy to discuss this with you; the telephone consultation will be free.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 2/10/07, 1:17 pm


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