QUESTION

What can be done if bank claims I'm a personal guarantor but I never signed a personal guarantee agreement?

Asked on Jun 12th, 2017 on Bankruptcy - Florida
More details to this question:
My single member LLC (dissolved since 2015) opened a corporate credit card with the bank in 2013. I opened the account as the sole officer/member of the LLC and used it strictly for business. The account went into default when my business closed, and was charged off in 2014. Recently, the bank performed a setoff against my personal checking account (opened in 2011) as partial payment, claiming that I am a personal guarantor of the LLC's credit card. The only relevant documentation they've produced is a copy of the business "Cardholder Agreement" pamphlet, which is mailed along with the credit card. They claim that I consented to the Cardholder Agreement by using the card, thus, I am subject to its broad, blanket guarantor and 'right of setoff' language. Without a separate signature, would a judge say the guarantee is valid? If sued, would a judge require them to prove that I otherwise signed/consented to the guarantee?
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1 ANSWER

Erik Brito Espinosa
If a person is not a personal guarantor and no personal benefit was received then most likely no - the bank cannot prevail going after personal assets. If the bank took funds from your personal account without authorization you may have a cause of action against them. Contact an attorney to discuss the specifics of your case.
Answered on Aug 31st, 2017 at 9:08 AM

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