Three-household joint guarantee is a form of mutual guarantee, which aims to increase the availability of loans through mutual guarantee, but it also brings risks.
First of all, know the situation
First of all, the other two households need to know the actual situation of non-repayment families in detail, including their economic situation, willingness to repay and possible repayment difficulties. Through in-depth understanding, judge whether the household is really unable to repay or deliberately defaulted.
Second, negotiation and communication.
After the other two households understand the situation, they should try to negotiate and communicate with the household to understand their repayment plans and solutions. If an agreement can be reached, you can * * * propose deferred repayment, partial repayment or other repayment arrangements to the lending institution.
Third, seek legal channels.
If negotiation fails, the other two households can consider solving it through legal channels. You can bring a lawsuit to the court and ask the household to fulfill the repayment obligation. In this process, it is necessary to prepare sufficient evidence, such as loan contract, guarantee agreement, repayment record, etc.
Fourth, communicate with lending institutions.
In addition to communicating directly with this household, the other two households can also communicate with lending institutions to explain the situation and seek support. Lenders may provide some flexible repayment plans or some preferential measures such as interest reduction and exemption to reduce the burden on the other two households.
Verb (abbreviation of verb) risk prevention
In order to avoid the recurrence of similar situations, the other two households should be more cautious when participating in joint guarantee loans in the future, and fully investigate and evaluate the guaranteed objects. At the same time, we can also consider adding some risk prevention and control measures to the contract, such as setting a deposit and introducing a third-party guarantee.
To sum up:
When one of the three households fails to repay the guarantee, the other two households should actively respond by understanding the situation, negotiating and communicating, seeking legal channels, and communicating with lending institutions. At the same time, we should also strengthen the awareness of risk prevention to avoid similar risks from happening again.
Legal basis:
Contract law of the people's Republic of China
Article 198 stipulates:
When concluding a loan contract, the lender may require the borrower to provide a guarantee. The guarantee shall comply with the provisions of the Guarantee Law of People's Republic of China (PRC).
People's Republic of China (PRC) Securities Law
Article 18 stipulates:
If the parties agree in the guarantee contract that the guarantor and the debtor shall be jointly and severally liable for the debt, it is a joint liability guarantee. If the debtor of joint and several liability guarantee fails to perform the debt at the expiration of the debt performance period agreed in the main contract, the creditor may require the debtor to perform the debt, or may require the guarantor to assume the guarantee liability within the scope of its guarantee.
People's Republic of China (PRC) Civil Procedure Law
Article 1 19 stipulates:
Prosecution must meet the following conditions:
(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case;
(2) Having a clear defendant;
(3) Having specific requests, facts and reasons;
(4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.