breach of guaranty

How to Enforce a Personal Guarantee on a Business Loan in New York After the Borrower Defaults

How to Enforce a Personal Guarantee on a Business Loan in New York After the Borrower Defaults

In New York, a lender can enforce a personal guarantee by suing the guarantor for breach of contract and may obtain a money judgment in as little as 6–18 months, depending on defenses and motion practice. After a business borrower defaults, the guaranty’s exact language, notice requirements, and New York enforcement procedures drive outcomes. This […]

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How to Enforce a Personal Guarantee Against a Defaulting Texas LLC After a Business Loan Goes Unpaid

How to Enforce a Personal Guarantee Against a Defaulting Texas LLC After a Business Loan Goes Unpaid

A lender can enforce a personal guarantee in Texas by suing the guarantor for the unpaid balance, interest, and attorneys’ fees—often within a 4-year limitations period. When a Texas LLC defaults on a business loan, the guarantee can create direct liability even if the LLC has no assets. This article explains the steps, evidence, defenses,

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