EnglishEspañol
LAW OFFICES OF
Charles RestrepoEsq., P.A.
954-763-3301

LAW OFFICES OF CHARLES RESTREPO · PLANTATION, FLORIDA

Business Debt & Personal Guarantees

Start with the contracts and signatures rather than assumptions about who is responsible.

Separate the business obligation from the personal questions

A difficult business period can bring demands under loans, credit accounts, supplier agreements, equipment financing or other contracts. Start with the agreements actually signed. A business name on a statement does not answer every question about who may be responsible.

Questions worth examining

Who is named as borrower or customer? Did anyone sign a separate guarantee? Does the agreement identify collateral, payment changes or specific default provisions? Has the creditor calculated the balance correctly? Were there modifications, releases or earlier settlements? These document-specific questions should be addressed before assuming either that an owner is personally liable or that an entity protects the owner from every claim.

Consumer rules are not a complete guide

The federal Fair Debt Collection Practices Act covers qualifying personal, family or household debts, not business debts. A business collection dispute therefore should not be treated as though every consumer validation or communication rule automatically applies. That distinction does not by itself establish whether the demand or collection conduct is lawful.

Prepare for your consultation

Gather complete contracts, guarantees, amendments, statements, payment records, demand letters and court papers. Explain whether the business is still operating and what outcome you are hoping to achieve. Ask about disputed claims, negotiated arrangements and the practical consequences of each approach. SBA-related loans have additional program and federal-collection considerations; review the separate SBA-loan guide rather than assuming all business financing follows the same process.

Related questions

SBA loan concerns and litigation options. See the complete problem guide for other concerns.