For a general discussion of the action on a guaranty, see section 14.31 in this manual.
Pattern Requests for Admissions—Guaranty Agreement
that on or about [date], Defendant executed and delivered to Plaintiff a written contractual agreement.
Answer:
that the document attached as Exhibit [exhibit number/letter] is a true and correct copy of the agreement referred to in request number 1.
Answer:
that on or about [date], [name of person or entity incurring debt whose liability was guaranteed] executed a [describe underlying obligation guaranteed by defendant] in the amount of $[amount], a copy of which is attached as Exhibit [exhibit number/letter].
Answer:
that under the terms of the agreement referred to in request number 1., Defendant unconditionally guaranteed the payment of the obligation referred to in request number 3.
Answer:
that there is presently due on the obligation referred to in request number 3. the principal amount of $[amount], plus accrued interest as provided for in the debt agreement.
Answer:
that the instrument referred to in request number 1. has never been revoked by Defendant and remains in full force and effect.
Answer:
that Plaintiff is the present owner and holder of the obligation referred to in request number 3.
Answer:
that on [date], Plaintiff presented to Defendant a claim for payment of the outstanding balance stated in request number 5.
Answer:
|
Attach exhibit(s). |