A personal guaranty is when someone (usually the business owner) signs on a loan or line of credit for the business. Basically, it means that if the company does not have enough assets to cover the liability, the note holder may pursue the signatory personally.
If asked to sign a personal guaranty, you should think hard before you sign. Many people take out a line of credit or a small business loan to jump start their business with an infusion of cash, or even to just get started in the first place. It is tempting to see any business set-backs as temporary and not think about the long term consequences of taking on personal liability. However, many times needing these loans are a sign that the business is struggling. Even if the business if just starting out, it is important to hope for the best, but plan for the worst. If your business has poor credit, or few assets, there may be no other option but to sign a personal guaranty. Just be aware that by doing so, you are losing a lot of protections provided by the formation of the LLC, and essentially “piercing the corporate shield.” You will be required to pay this debt as you would any other personal debt such as a mortgage or car loan. If you default on it you could have a judgment entered against you or even have your wages and tax returns garnished. The lender will not care if your business has failed, is struggling, or has even gone bankrupt you will always be liable until its paid off.
For more information about Liability for a Personal Guaranty in Michigan attorney or to retain Garmo & Kiste, PLC, call us at (248) 398-7100 for a free consultation or contact us with a private message.