In a civil action for collection of a promissory note, indorsers are usually not considered to be jointly and severally liable. Rather, indorsers are liable in the order in which they sign. However, a West Palm Beach collections lawyer will advise the plaintiff that there are two instances in which indorsers are presumed to be jointly and severally liable. First, if an instrument is payable to two payees jointly, both payees must indorse, and the indorsement is considered a joint indorsement. Therefore, the indorsers will have joint and several liability. Second, is a situation where there are two or more anomalous indorsers. An anomalous indorsement normally indicates that the indorser signed as an accommodation party. Therefore, if more than one accommodation party indorses a note as an accommodation to the maker, the indorsers have joint and several liability. However, where a guaranator's obligation under a promissory note is merely collateral to the duty of performance owed by the comakers of the note, the guarantor's obligation as guarantor ceases to exist once the primary debt to the holder is fulfilled by payment of the judgment, and the second comaker's rightful contributive share is one-half, rather than one-third, of the payments made by the corporate maker.

Additionally, the discharge of one party having joint and several liability by a person entitled to enforce the instrument does not affect the rights of a party having the same joint and several liability to receive contribution from the party discharged.

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.