Reach the Owner Behind the Debt with an Orlando Personal Guarantee Lawyer
A personal guaranty lets you collect from the individualwho promised to stand behind a business debt—so an empty company can't shield the owner. As an Orlando, Florida personal guarantee lawyer, Keough Law enforces guaranties for creditors—and defends owners who've been sued on one.
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The signature that pierces the shell
Businesses fail, dissolve, and empty their accounts—and a judgment against a defunct company is worth nothing. A personal guaranty changes that. When the owner signed a promise to personally back the debt, you don't have to write it off when the business goes dark; you follow the guaranty straight to the individual.
Guaranties cut both ways, and we work both. This page is part of our nonpayment & collections practice—whether you're enforcing a guaranty or were sued on one.
- The business defaulted and has no assets left.
- An owner personally guaranteed a note, lease, or line.
- You’ve been sued personally on a guaranty you signed.
- You need to reach personal assets to get paid.
What we have to prove
Enforcing a guaranty comes down to four things—and the guaranty document itself supplies most of them. The wording of the guaranty controls the entire case.
A signed guaranty
A written guaranty in which an individual agreed to answer for the debt or performance of the business.
A valid underlying debt
A real, enforceable obligation—an unpaid note, lease, invoice, or credit line the guaranty backs.
A default
The primary obligor failed to pay or perform, triggering the guarantor’s promise to step in.
The guarantor is liable
Under the guaranty’s terms—absolute or conditional, limited or unlimited—the individual owes the balance.
Whether you're owed—or on the hook
We enforce guaranties for creditors chasing an owner who tried to hide behind a dead company—and we defend owners hit with a personal claim, where the exact language, a release, or the creditor's own conduct can defeat or shrink the demand.
Having worked both sides makes us sharper at each: we know where a guaranty is actually won or lost.
Enforce & collect
- Confirm the guaranty was triggered
- Demand the balance from the guarantor
- Move to judgment against the individual
- Collect from personal assets
Defend & limit
- Test whether the guaranty was triggered
- Raise release, alteration & discharge
- Enforce any dollar cap or limit
- Attack an overstated balance
No hiding behind a dead company
Keough Law enforces personal guaranties when a business defaults and the owner thought the corporate shell would end the conversation—and defends owners facing a personal claim they don't actually owe. Either way, the guaranty's language drives the result. Prior results do not guarantee a similar outcome.
“The company folded and the owner figured he was off the hook. He'd signed a guaranty—Shaun made sure it counted.”
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Guaranty Matter
As far as the guaranty reaches
A guaranty judgment reaches the guarantor personally. What it captures depends on the document—here is the usual scope.
The guaranteed debt
The unpaid balance the guaranty covers—up to any cap the document sets.
Interest
Accrued and prejudgment interest on the guaranteed obligation.
Attorney’s fees
Where the guaranty includes a prevailing-party fee clause, your fees and costs.
Personal assets
Enforcement against the individual’s non-exempt accounts, wages, and property.
From default to personal liability
Read the guaranty
We parse whether the guaranty is absolute or conditional, its dollar cap, and any notice or waiver language that controls enforcement.
Confirm the default
We tie the guaranty to the underlying obligation and document the default that makes the guarantor liable.
Demand or defend
We demand payment from the guarantor and sue if ignored—or, if you were the one who signed, attack the claim against you.
Judgment & collection
We reduce the guaranty to a judgment and collect against the individual’s personal assets—garnishment, liens, and enforcement.
Scoped to the demand
We often open with a flat-fee demand letterto the guarantor—which, backed by a clear guaranty, frequently produces payment or a settlement without suit. If we litigate, we scope the work to the balance and, where the guaranty allows, pursue your fees from the guarantor.
If you've been sued on a guaranty, we'll give you a candid read on your exposure and defenses in the free consultation.
A litigator who reads the fine print
You work directly with Shaun Keough, not a call center. Guaranty work sits inside our business litigation practice, so when a guaranty backs a promissory note or an open account, you already have the right lawyer.
Personal guaranty questions
What is a personal guaranty and why does it matter?
A personal guaranty is a written promise by an individual—usually a business owner—to personally pay a company’s debt if the company defaults. It matters because it pierces the usual liability shield: instead of chasing an empty corporation, you can reach the owner’s personal assets. That is often the difference between a collectible judgment and a worthless one.
The business is broke—can I still collect from the owner?
That is exactly what a personal guaranty is for. When the company can’t pay, the guaranty lets you pursue the individual who signed it, reaching personal bank accounts, wages, and other non-exempt assets. We move to judgment against the guarantor and enforce it directly, rather than writing off the balance with the business.
I signed a personal guaranty and now I’m being sued. What are my defenses?
Several may apply: the guaranty was never triggered, it was materially altered or released, the creditor’s own conduct discharged it, the amount is overstated, or you only guaranteed a limited amount. Guaranties are construed by their terms, so the exact language is everything. We review it closely to find and press every available defense.
What is the difference between an absolute and a conditional guaranty?
An absolute guaranty makes the guarantor liable the moment the debtor defaults—no extra steps required. A conditional guaranty requires the creditor to do something first, such as pursue the business or give notice, before the guarantor is on the hook. Which type you have dictates the enforcement path, and we confirm it before making demand.
How long do I have to enforce a personal guaranty in Florida?
A written guaranty is generally subject to Florida’s five-year statute of limitations, running from the default that triggered liability. Because the trigger date and any notice conditions can be contested, it is best to act early—before the deadline runs and the guarantor has time to move personal assets.
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