IN THE _______________ COURT OF _________________ COUNTY, ____________
____________________________ PLAINTIFF
VS. NO. _________________
____________________________ AND
____________________________ DEFENDANTS
COMPLAINT
COMES NOW Plaintiff, ____________________________, a national banking
institution, by and through its undersigned counsel, and brings this action against the above
named Defendants as follows:
1. Plaintiff is a national banking institution, domiciled in
____________________________, ____________________________, with branch offices in
____________________________, ____________________________.
2. Defendant, ____________________________, is an adult resident citizen of
_______________ County, ___________________. Defendant, _______________________, is
an adult resident citizen of ____________________________County, _________________.
3. The Court has jurisdiction over the persons and the subject matter involved in this
action and venue is appropriate in this county.
4. On _________________, ____________________________, a
____________________________ corporation ("Maker"), for good and valuable consideration
then and there made and executed its promissory note to the order of Plaintiff in the sum of
$____________________________ and payable on ____________________________, a copy
of which note is annexed hereto and made a part hereof as Exhibit "A".
5. Said note was a continuation, renewal, extension and/or addition to a note made
by Maker on ____________________________, and secured as was the note attached hereto as
Exhibit "A".
6. ____________________________ guaranties of payment, copies of which are
attached hereto and made a part hereof as Exhibits "B" and "C", wherein, as consideration of
Plaintiff's financial accommodations given, or to be given to said Maker, Defendants guaranteed
the prompt payment of all indebtedness or liabilities which the Maker, as of the date of the said
guarantee or at any time thereafter, might owe to the Plaintiff.
7. In ____________________________, Maker, being in default in the payments
due under said note, filed for protection under Chapter 11 of the United States Bankruptcy Code.
8. While Maker was conducting business under said Chapter 11, it made certain
payments and received certain credits on the note.
9. The collateral which secured said note was resorted to by Maker and its creditors,
and sold in commercially reasonable sales, by and with the consent and approval of the
Bankruptcy Court, and the proceeds thereof applied to the indebtedness due under said note.
10. The full amount of principle in the sum of
$____________________________ is now due and owing on Maker's said note.
11. Maker has been unable to pay the obligation due, despite Plaintiff's repeated
requests, and it remains in default in the payments thereof.
12. Defendants, as Maker's Guarantors, now owe Plaintiff
$____________________________, the unpaid principle, plus interest due on said note by virtue
of Defendants' said guaranties, no part of which has been paid by Defendant although duly
demanded.
WHEREFORE, Plaintiff demands judgment against Defendant for the sum of
$____________________________ together with interest and costs.
DATED: ____________________________
Respectfully,
____________________________
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The best way to complete and sign your regarding security form
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Follow the step-by-step guidelines to eSign your regarding security form in Gmail:
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