A guaranty deals with an agreement made by a person or group of person’s to make sure that a borrower of money in a promissory note pays back the lender for the amount loaned. This agreement imposes a responsibility on the guarantor, in case the debtor unable to pay. In other words, a guarantor would be a person that is making their promise to pay the amount should the borrower be unable to do so at any point under circumstances.
Basically, this person serves as reassurance for the lender that he or she will receive their money back that they are loaning, without having to place worry solely on the borrower’s capability to pay them back. The guaranty on a promissory note is another form of written documentation that must clearly outline details pertaining to it and its debtor. The note gives a right to the holder of a promissory note and guaranty to seek repayment from the guarantor if the debtor is refusing to do so. They can request to recollect their money through the guarantor, or file a lawsuit to acquire the funds in return.
In common cases, a business owner that owes a debt may ask his or her partner in that business to be a guarantor for the amount owed. The reassurance of having that person with their funds ready to back up the borrower gives the lender an extra added security on lending the amount to the maker of the promissory note. In order for a guarantor of a collection guaranty to be subject to payment of a note, a few things must happen. At first, the payment on the note must be left unpaid by the debtor, whether by not being able to do so with lack of funds, or due to availability.
Next, the holder of the note must sue the debtor for the amount left unpaid, after attempting to collect from the debtor leaving it for judgment. Once this has all been determined and established, the lender can now seek the compensation from the guarantor. In the case of a payment guaranty, once the amount is owed and the debtor has not paid, the lender has the right to directly seek payment from the guarantor.
If any changes were to be made to a guaranty, whether it was one dealing with collection or payments, the guarantor must be notified, and have given consent of his or her approval to such changes. The failure of the notification of any alterations made to a guaranty without the consent of the guarantor or knowledge can result in the exemption of the guarantor from the document.
It is crucial that the guarantor be in direct knowledge of all the entailments of a guaranty as well as any future provisions made on it so that they know their legal standing and protection in the event of any payment issues. This in turn stresses the importance of having a guaranty in writing to show consent of such actions, as well as the validity of the original guaranty.