In a civil action for collection of a promissory note, two or more persons who have the same liability on an instrument as makers, drawers, acceptors, indorsers who indorse as joint payees, or anomalous indorsers are jointly and severally liable in the capacity in which they sign, except as otherwise provided in the instrument. However, generally, indorsers are not jointly and severally liable, rather, indorsers are liable in the order in which they sign. However, there are two instances in which indorsers are presumed to be jointly and severally liable:
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Copayees who indorse an instrument are jointly and severally liable unless one payee is accommodating the other payee, or they agree to joint and several liability.
Persons who sign as anomalous indorsers for the purpose of accommodating the maker are jointly and severally liable, unless one anomalous indorser is acting as a sub-surety for the other anomalous indorser.
Additionally, a party may have a right to contribution from the other party having joint and several liability. In other words, except as provided in the statute governing an instrument paid by an accommodation party or by an agreement between the parties, a party having joint and several liability, who pays the instrument is entitled to receive contribution from any party having the same joint and several liability.
A cause of action for collecting a worthless check, draft or order of payment may have many complex issues. Therefore, you should consult with an experienced West Palm Beach collections lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.
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