i have a friend "A"who had signed as a gurantor for "B", not knowing the content. a witness was also not present at that time as "B" approach "A" with a form askin him to sign. my friend then received a call from the finance company few days later askin whether he had signed a particular form. he said yes
now that "B" is unable to to pay for the loan, "A" have to pay for the loan.
the finance company had engage a lawyer to ask "A" to propose a solution, if not they will proced to sue.
"A" wrote in a letter, agreeing to pay the loan over a period of time and at the same time questioning the validity of the contract, as a witness was not present at the time of signing the contract.
they replied sayin that they will look into the case.
after a few weeks, although "A" had agreed to pay the sum, they want to bring the case up to court.
i will like to know what can be done in this situation. Also, is the contract valid if a witness is not present at the time of signing a contract?