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What should I do if the bank lender runs away?

1. What should I do if the bank lender runs away?

Guarantees are generally divided into joint liability guarantees and general liability guarantees, which are bank loan guarantees. Bank

There is a guarantee contract in a prescribed format. In order to protect their own rights and interests, it is generally stipulated in the contract that the guarantor must assume joint and several liability for the guarantee. In addition, it also depends on whether it is within the guarantee period. If it is within the guarantee period, you need to bear the guarantee responsibility. If it exceeds the guarantee period, you do not need to bear the responsibility. If the lender runs away during the guarantee period, the guarantor will bear certain responsibilities, but the amount of responsibility will be determined by reference to the loan contract or through negotiation.

If the bank requires the guarantor to bear responsibility, the key is how the bank applies for execution after the judgment.

If the bank feels that the guarantor has strong economic strength, has (or even has clues to) cash assets (bank deposits, securities, etc.), and has strong repayment ability, it is very likely to

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Apply for execution of the guarantor’s property first. Moreover, according to Article 6 of the "Regulations on Seizing, Detaining, and Freezing Property in People's Civil Execution" promulgated by the Supreme Court on November 4, 2004:

"To the person subject to execution The people can inspect and seal the residential houses that are necessary for the livelihood of the person and his dependent family members, but they are not allowed to auction, sell or pay off the debt. ”

2. What to do if the bank lender runs away. ?

The bank lender ran away and provided guarantee, so the bank asked the defendant not to go, and did not apply to preserve various assets, such as real estate, cars, deposits, stocks, etc., and then there will be a default judgment and mandatory Execution, but no prison sentence.

However, if the loan is taken intentionally or false information is provided, after the bank reports the case, the procuratorate can plead guilty and may be sentenced.

The act of defrauding large amounts of public or private property by fabricating facts or concealing the truth. The object of the crime is not to defraud loans from financial institutions. Because this law has specifically stipulated the crime of loan in Article 193.

Article 266 of my country's Criminal Law

Whoever has public or private property and the amount is relatively large shall be sentenced to not more than three years, criminal detention or surveillance, or where there are other serious circumstances, to three years. If the crime is between 10 years and 10 years, or there are other particularly serious circumstances, he shall be sentenced to 10 years or more, and shall also be fined or have his property confiscated. If this law provides otherwise, the provisions shall prevail.

3. What to do if the bank lender runs away and the guarantor runs away

If the borrower runs away, then the guarantor may need to bear joint liability. This still depends on the contract. Content, if you are not jointly and severally liable, then you need to submit the lender's information to the bank and let the bank.