What will happen if the guaranteed loan is overdue and the guarantor fails to repay it?

If the guaranteed loan is not repaid when it is due, the guarantor will be jointly and severally liable for repayment. After the deadline, the bank will calculate a large amount of penalties. This will increase the repayment pressure on the lender and the guarantor. Secondly, it will also affect the guarantor's credit, and the guarantor will also receive collection calls.

1. Loan penalty interest: When a bank loan is overdue, the penalty interest and liquidated damages will be very high, and the repayment pressure on the repayer and guarantor will increase;

2. By the bank Collection: After the loan is overdue and the borrower cannot be contacted or the borrower fails to repay, the guarantor will be contacted for repayment. The guarantor may receive collection calls every day;

3. Impact on credit reporting: If If the loan is overdue, the credit of the borrower and the guarantor will be affected, and it will be more difficult to go to the bank to apply for a loan later;

4. The bank: If the loan cannot be repaid, it will require Enforces auction of all property of the borrower and guarantor.

5. After the borrower repays the loan, the loan guarantor no longer bears the guarantee liability and can reasonably request the bank to issue a notice to waive the guarantee liability;

6. If the loan is not repaid , you can only ask the bank to cancel the loan, but generally banks will not agree. The guarantee relationship is a kind of contract. If the other party does not agree, it cannot be terminated even if it is revoked upon request.

Guarantee a loan for others. If the lender refuses to repay when due, what should the guarantor do?

Guarantee a loan for others. If the lender refuses to repay when due, the guarantor should bear the responsibility for repayment.

Extended information:

① If the guaranteed person fails to repay the debt, he shall bear the repayment responsibility; ② After the guaranteed person repays the loan overdue or fails to repay the debt, he shall bear the repayment responsibility in addition to the repayment responsibility. The repayment responsibility is also recorded in the guarantor's credit record; ③ When applying for a loan during the guarantee period, the bank will comprehensively measure its repayment ability and need to consider repaying the guaranteed part, and the chance of loan approval is small; ④ During the guarantee period, the loan is approved, but the loan The interest will be 10~20% higher than the normal interest rate.

Therefore, as a guarantor, you should understand the responsibilities you need to bear before handling the loan procedures. Do not give guarantees to others casually, as you will also bear corresponding risks and responsibilities.

The responsibilities and obligations of the loan guarantor are as follows:

1) The "Guarantee Law of the People's Republic of China" stipulates: "The parties agree in the guarantee contract that the guarantor and the debtor shall be responsible for the debt. Those who bear joint and several liability are joint and several liability guarantees. "It can be seen that the guarantor must also bear responsibility, so what are the responsibilities and obligations of the loan guarantor? Please read the article below to learn more.

Based on the "General Principles of the People's Republic of China and the Civil Law", "The Property Law of the People's Republic of China", "The Guarantee Law of the People's Republic of China", "The People's Republic of China and the People's Republic of China on Security" According to the Interpretation of the National Guarantee Law, under different circumstances, the guarantor needs to bear the following responsibilities: civil liability, civil joint and several liability, guarantee (guarantee) liability, and compensation liability.

2) Article 21 of the "Guarantee Law of the People's Republic of China"

The scope of guarantee includes principal creditor's rights and interest, liquidated damages, damages and realization Debt fees. If the guarantee contract stipulates otherwise, the stipulation shall prevail.

If the parties have not agreed on the scope of the guarantee or the agreement is unclear, the guarantor shall bear liability for all debts.

Article 22

If during the guarantee period, the creditor transfers the principal claim to a third party in accordance with the law, the guarantor shall continue to bear the guarantee liability within the scope of the original guarantee. If the guarantee contract stipulates otherwise, the stipulation shall prevail.

Article 23

During the guarantee period, if the creditor allows the debtor to transfer the debt, it must obtain the written consent of the guarantor. The guarantor will no longer assume liability for debts transferred without its consent. .

Article 24

If the creditor and the debtor agree to change the main contract, they must obtain the written consent of the guarantor. Without the written consent of the guarantor, the guarantor will no longer bear the guarantee liability. If the guarantee contract stipulates otherwise, the stipulation shall prevail.

Article 25

If the guarantor of a general guarantee and the creditor do not agree on a guarantee period, the guarantee period shall be six months from the expiration of the principal debt performance period.

During the guarantee period stipulated in the contract and the guarantee period stipulated in the preceding paragraph, if the creditor does not file a lawsuit against the debtor or apply for arbitration, the guarantor shall be exempted from guarantee liability; if the creditor has filed a lawsuit or applied for arbitration, litigation shall apply during the guarantee period. Provisions for interruption of statute of limitations.

Article 26

If the guarantor of a joint liability guarantee and the creditor have not agreed on a guarantee period, the creditor has the right to require the guarantor to bear the liability within six months from the expiration of the debt performance period. Warranty liability.

If the creditor does not require the guarantor to bear guarantee liability during the guarantee period agreed in the contract and the guarantee period specified in the preceding paragraph, the guarantor shall be exempted from guarantee liability.

Article 27

The guarantor guarantees consecutive claims in accordance with the provisions of Article 14 of this Law. If the guarantee period is not agreed upon, the guarantor may notify the creditor in writing at any time to terminate the guarantee. contract, but the guarantor shall be liable for claims incurred before the creditor is notified.

Article 28

If the same creditor's right has both a guarantee and a physical guarantee, the guarantor shall bear the liability for the creditor's right other than the physical guarantee.

If the creditor waives the security of the property, the guarantor shall be exempted from liability to the extent that the creditor waives its rights.

Article 29

If a branch of an enterprise legal person enters into a guarantee contract with a creditor without the written authorization of the legal person or exceeds the scope of authorization, the contract shall be invalid or the part beyond the scope of authorization shall be invalid. , if the creditor and the corporate legal person are at fault, they shall each bear corresponding civil liability according to their faults; if the creditor is not at fault, the corporate legal person shall bear civil liability.

Article 30

The guarantor shall not bear civil liability under any of the following circumstances:

(1) The parties to the main contract collude to defraud the guarantor to provide Guarantee;

(2) The creditor of the main contract uses fraud, coercion and other means to cause the guarantor to provide guarantee against his true intention.

Article 31

After assuming the guarantee liability, the guarantor has the right to recover from the debtor.

Article 32

After the people accept the debtor's bankruptcy case, if the creditor fails to declare its creditor's rights, the guarantor may participate in the distribution of the bankruptcy property and exercise the right of recourse in advance.

What should the guarantor do if the lender fails to repay the loan?

What should the guarantor do if the lender fails to repay the loan?

The guarantor shall bear joint and several liability for repayment. The guarantor has the right to recover from the guaranteed person the amount of the loan repaid on behalf of the guaranteed person. At the same time, it depends on whether the guarantor's guarantee liability is stipulated in the loan contract as joint and several liability. That is to say, whether there are any special clauses or words that clearly stipulate the guarantee liability.

If it is agreed, as long as the borrower cannot repay the loan on time, the lender can require the guarantor to repay it jointly and severally. If there is no agreement, the borrower should repay the loan first, including using all its assets to repay the loan. , until it is unable to repay, a guarantor will repay it on your behalf.

What should the guarantor do if the lender fails to repay the bank loan overdue

The country has a small interest-free loan project. I plan to take the loan, but the civil servants of the administrative units serve as guarantors. We The secretary of my unit is willing to vouch for me, but the loan amount needs to be divided equally. Because this loan requires a business license, I plan to use the license of my relative at home, because I can find someone in the loan department, and the business license does not belong to me. If she doesn't give me money after two years, I will pay off the loan. I want to know if the guarantor will bear greater responsibility than me when I fail to pay? If I repay the loan because he didn't give me the money, will the loan department first hold the store opened by our relative as the first responsible person?

What will the guarantor do if the lender fails to repay the money he owes the bank?

If the lender fails to repay, then you will have to find a guarantor. If you don't want to pay it back, then you'll have no choice but to file a lawsuit.

What will happen to the lender and the guarantor if the bank loan is not repaid

If the lender does not repay or cannot be found, the guarantor should be responsible for returning the guaranteed amount.

What should the guarantor do if the lender fails to repay the loan?

Guarantee refers to the agreement between the guarantor and the creditor that when the debtor fails to perform the debt, the guarantor will perform the debt or assume responsibility in accordance with the agreement. Guarantee involves the relationship between the guarantor, creditor and debtor. Guarantee is a personal guarantee, which uses the person's credit and his or her unspecified general property to provide security for the debts of others. Guarantees are divided into general guarantees and joint and several guarantees.

The parties may agree on the scope and period of the guarantee. In principle, the scope of the guarantee shall not exceed the scope of claims that have been determined when the guarantee is set. If the scope of the guarantee is unclear, the scope of the guarantee shall include the main debt, interest, and liquidated damages. , compensation for damages and expenses for realizing creditor's rights. There are general reasons and special reasons for the elimination of guaranteed debts. The general reasons are: (1) the debtor pays off all debts; (2) the guarantee period expires without the creditor requesting the guarantor to perform the guaranteed debt; (3) if a continuous claim is guaranteed and no guarantee period is agreed upon, the guarantor may notify the guarantor at any time If the creditor terminates the guarantee contract, the guaranteed debt will be extinguished; (4) The debt is transferred or the main contract is changed without the consent of the guarantor.

The special reason why the guaranteed debt is extinguished is that under certain conditions (such as the change of the debtor, which makes it difficult to request repayment from the debtor, etc.) the guarantor can request the debtor to remove the guarantee liability, and then provide another guarantee to the debtor. Finally, the guaranteed debt can be eliminated.

What should I do if the bank lender loses my guarantor?

Guarantees are generally divided into joint and several liability guarantees and general liability guarantees. For bank loan guarantees, banks have guarantee contracts in a prescribed format. In order to protect their own rights and interests, they generally stipulate in the contract that the guarantor must bear joint liability guarantees. .

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 has passed 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 referring to the loan contract or through negotiation.

If the bank requires the guarantor to assume liability, 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 capabilities, it is very likely to apply to enforce the guarantor's property first.

And 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: "The living conditions of the person subject to execution and his dependent family members shall be Necessary residential buildings can be seized by the people, but they are not allowed to be auctioned, sold or used to pay debts. "

What should I do if the borrower is deceived by the guarantor and borrows money from the bank and the guarantor does not repay the loan?

This question is wrong. The money is not repaid by the guarantor. The borrowed money is repaid by the guarantor. The bank will hold the guarantor accountable only if the borrower fails to repay. If you lend money and someone else provides you with a guarantee, you will still have to pay it back. It's too much to shoulder the debt for you

What will the guarantor do if the lender fails to repay

Did you sign a general guarantee or a joint liability guarantee? There is a difference between the two. If it is a general guarantee, the bank must prove that your friend does not have the ability to repay before it can ask you to repay; if it is a joint liability guarantee, the bank can directly ask you to repay the amount of its guarantee (this amount is the guarantee). The amount of guarantee specified in the contract), after you compensate on your behalf, you can obtain the right of subrogation and then ask your friend to repay the debt. It also depends on the details of the guarantee signed at the time. Is there any stipulation on how much each person is guaranteed? Who among the many guarantors is the main guarantee and who is the re-guarantee? The order of compensation is different. If there is, it will be according to the regulations. If not, it will be shared equally. Of course, you must have the ability to repay. If you do not have the ability to repay, you will be charged for apportionment again. At the same time, there is interest on the repayment, which must be included in the calculation. . In addition, the guarantor only repays the remaining part of the debt, and it is within the guarantee limit stipulated in the contract.

If you guarantee someone else's loan and the lender fails to repay, does the guarantor need to repay?

When you guarantee someone else's loan, when the borrower cannot repay, does the guarantor need to bear the repayment? Responsible, this is also the bank's behavior to reduce loan risks. If the guarantor and the borrower fail to repay the loan for a long time, the following consequences will occur:

1. Loan penalty interest. After the bank loan is overdue, the penalty interest and liquidated damages are very high. When calculated cumulatively, the repayment amount will be very high. The repayment pressure on borrowers and guarantors will increase.

2. If the loan is overdue and the borrower cannot be contacted or the borrower does not repay the loan, a guarantor will be found to repay the loan. You will receive collection calls from the bank every day.

3. It affects the credit report. After the loan is overdue, the credit report of the borrower and the guarantor will be affected. It will be more difficult to apply for a loan in the bank later.

4. After being approved by the bank, it will be enforced and the properties and cars of the borrower and guarantor will be auctioned.

Legal Basis

Article 178 of the "People's Republic of China and Civil Code" If two or more persons are jointly and severally liable in accordance with the law, the right holder has the right to claim partial liability Or all jointly and severally liable persons shall bear liability. The liability share of the jointly and severally liable persons is determined based on the size of their respective responsibilities; if it is difficult to determine the size of the liability, the responsibilities will be shared equally. A jointly and severally liable person whose actual liability exceeds his or her share of liability shall have the right to recover compensation from other jointly and severally liable persons. Joint and several liability shall be stipulated by law or agreed upon by the parties.

Let’s stop talking about the introduction of the loan guarantor before the guaranteed person.