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.
A Suffolk New York Complaint Against Makers of Promissory Note and Personal Guarantors for Joint and Several liabilities refers to a legal document filed by a plaintiff in Suffolk County, New York, against individuals or entities responsible for defaulting on a promissory note. This complaint seeks to hold both the makers of the note and the personal guarantors jointly and severally liable for the outstanding debt. In such cases, there may be variations of the complaint depending on the specific circumstances. Some possible categories of Suffolk New York Complaint Against Makers of Promissory Note and Personal Guarantors for Joint and Several liabilities include: 1. Breach of contract: This type of complaint alleges that the makers of the promissory note and personal guarantors failed to fulfill their contractual obligations by defaulting on the agreed-upon payments. 2. Fraudulent inducement: If the plaintiff believes that they were deceived or misled into entering into the promissory note or personal guaranty agreement, they may file a complaint asserting fraudulent inducement as a cause of action. 3. Negligence: In this type of complaint, the plaintiff argues that the makers of the promissory note and personal guarantors failed to exercise reasonable care in performing their obligations, resulting in financial harm. 4. Unjust enrichment: This complaint alleges that the defendants have received a benefit at the expense of the plaintiff without just compensation, creating an unfair situation. 5. Breach of fiduciary duty: If the maker of the promissory note or personal guarantor occupies a fiduciary role, such as a trustee or director of a company, a complaint may assert that they breached their duty by defaulting on the note or guarantee. These complaints typically outline the relevant details of the case, including the parties involved, the terms of the promissory note or personal guaranty agreement, the amount owed, the specific allegations against the defendants, and requests for relief sought by the plaintiff, such as the repayment of the outstanding debt, legal costs, and potential damages. It is important to consult with legal professionals to determine the appropriate type of complaint to file, based on the unique circumstances of the case.A Suffolk New York Complaint Against Makers of Promissory Note and Personal Guarantors for Joint and Several liabilities refers to a legal document filed by a plaintiff in Suffolk County, New York, against individuals or entities responsible for defaulting on a promissory note. This complaint seeks to hold both the makers of the note and the personal guarantors jointly and severally liable for the outstanding debt. In such cases, there may be variations of the complaint depending on the specific circumstances. Some possible categories of Suffolk New York Complaint Against Makers of Promissory Note and Personal Guarantors for Joint and Several liabilities include: 1. Breach of contract: This type of complaint alleges that the makers of the promissory note and personal guarantors failed to fulfill their contractual obligations by defaulting on the agreed-upon payments. 2. Fraudulent inducement: If the plaintiff believes that they were deceived or misled into entering into the promissory note or personal guaranty agreement, they may file a complaint asserting fraudulent inducement as a cause of action. 3. Negligence: In this type of complaint, the plaintiff argues that the makers of the promissory note and personal guarantors failed to exercise reasonable care in performing their obligations, resulting in financial harm. 4. Unjust enrichment: This complaint alleges that the defendants have received a benefit at the expense of the plaintiff without just compensation, creating an unfair situation. 5. Breach of fiduciary duty: If the maker of the promissory note or personal guarantor occupies a fiduciary role, such as a trustee or director of a company, a complaint may assert that they breached their duty by defaulting on the note or guarantee. These complaints typically outline the relevant details of the case, including the parties involved, the terms of the promissory note or personal guaranty agreement, the amount owed, the specific allegations against the defendants, and requests for relief sought by the plaintiff, such as the repayment of the outstanding debt, legal costs, and potential damages. It is important to consult with legal professionals to determine the appropriate type of complaint to file, based on the unique circumstances of the case.