A promissory note is a promise in writing made by one or more persons to another, signed by the maker, promising to pay at a definite time a sum of money to a specific person or to "bearer." The maker is the person who writes out and creates the note. A guaranty is a contract under which one person agrees to pay a debt or perform a duty if the other person who is bound to pay the debt or perform the duty fails to do so.
Joint and several liability refers to a shared responsibility for a debt or a judgment for negligence, in which each debtor or each judgment defendant is responsible for the entire amount of the debt or judgment. The person owed money can collect the entire amount from any of the debtors or defendants and not be limited to a share from each debtor.
Title: Alabama Complaint Against Makers of Promissory Note and Personal Guarantors for Joint and Several Liability introductions: The Alabama Complaint Against Makers of Promissory Note and Personal Guarantors for Joint and Several liabilities is a legal document filed by a plaintiff seeking remedy for the failure of the promissory note's makers and personal guarantors to fulfill their obligations. This complaint asserts the joint and several liabilities of these individuals, holding them responsible for the debt repayment. Various types of complaints may be filed based on the specific circumstances of the promissory note and personal guarantors. Key Relevance Keywords: 1. Alabama Complaint: This refers to the legal action taken within the jurisdiction of Alabama. 2. Makers of Promissory Note: The makers of the promissory note are individuals or entities who have borrowed funds and are obligated to repay the debt as per the terms and conditions stated in the note. 3. Personal Guarantors: Personal guarantors are individuals who provide a guarantee to ensure repayment of the promissory note if the makers default. 4. Joint and Several liabilities: This legal concept holds multiple parties, in this case, the makers and guarantors, responsible for fulfilling the debt obligation collectively as well as individually. Types of Alabama Complaint Against Makers of Promissory Note and Personal Guarantors for Joint and Several liabilities: 1. Non-Payment Complaint: A complaint filed when the makers of the promissory note fail to make timely payments or completely default on their repayment obligations. 2. Breach of Agreement Complaint: This complaint is filed in instances where the makers of the promissory note violate specific terms and conditions agreed upon in the note, such as using the funds for unauthorized purposes. 3. Fraudulent Inducement Complaint: This complaint is applicable when the makers of the promissory note and personal guarantors defraud the lender by providing false or misleading information, such as misrepresenting their financial stability or intentions to repay. 4. Dispute over Collateral Complaint: In situations where the collateral provided to secure the promissory note is subjected to a dispute, this complaint is filed to enforce the lenders' rights to the collateral. 5. Acceleration Complaint: This type of complaint is filed when the entire balance of the promissory note becomes immediately due and payable due to a significant default or breach. Conclusion: When filing an Alabama Complaint Against Makers of Promissory Note and Personal Guarantors for Joint and Several liabilities, it is essential to understand the particular circumstances and choose the relevant complaint type that accurately reflects the nature of the dispute. Consulting with an experienced attorney can help ensure the success of the legal action and the pursuit of an appropriate remedy.