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Hi, thanks for the question. I’m Chris and I’m a Solicitor in litigation/family matters. I will be happy to assist you and hope to provide a full response as quickly as possible.
This is a question and answer service rather than an instant chat service, and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you as soon as I can.
I’m sorry to hear about the situation you find yourself with needing a court order. What sort of court order are you seeking?
Is he just a guarantor on the Articles or also in other documents? Could you send me a copy? Many thanks.
Hi Helen, thanks for this information. We can’t Act for you in these matters but I can see why you have been asked to get a court order. Have you been in touch with this person to see if he wants to remove himself? I would have thought that he would want to do that he is no longer liable for anything? If you are not in touch with him then you will still need to know his address for any court application.
I'm following up on the above. Without some further information from you as above, I am limited in what I can say on the matter but in the hope it is helpful nonetheless, I will provide you with the following broad answer.
You will need to make an application to the court and the person who is guarantor will have to be served with the papers. The court can make a determination on the issue when all the facts are presented. However, if you are going down that route, you would need to write to the guarantor and explain what you are doing and the fact that they may end up in court. I am sure that will focus their mind in assisting you in dealing with the necessary papers in coming off the company records.
I hope that I’ve answered your question sufficiently? If there are any other questions please let me know. If there aren’t, thank you for using JustAnswer and for allowing me to assist you with your legal enquiry. All the best and hope the matter gets resolved.
If you are taking about the guarantee, then will last indefinitely until something has been done. If you are mentioning any court proceedings, then can be many months.