If the bank loans overdue fails to repay, the guarantor shall bear the guarantee responsibility. If there is joint and several liability for guarantee, the bank may require the guarantor to bear the debt; If it is a general guarantee liability, the debtor must be sued first. If the debtor cannot perform the debt after compulsory execution, the bank may have the right to ask the guarantor to bear the debt. Regarding the question of whether the guarantor of the bank in loans overdue should bear any responsibility, the following is a detailed answer from Net Bian Xiao. 1. Bank loans overdue fails to repay the loan. What responsibilities should the guarantor bear? 1. If Bank loans overdue fails to repay the loan, the guarantor shall assume the guarantee responsibility in the following ways: (1). If the guarantor is jointly and severally liable, the bank may directly require the guarantor to bear the liability for breach of contract according to the contract or legal means; (2) If the guarantor assumes the general guarantee responsibility, the bank shall first sue the debtor. If the debtor fails to perform the debt after compulsory execution, the bank may have the right to ask the guarantor to assume the debt. 2. Legal basis: Article 687 of the Civil Code of People's Republic of China (PRC), the general guarantor's priority right of defense, and Article 688, joint and several liability guarantee. 2. What will happen if loans overdue doesn't? First, under normal circumstances, banks will pay before the maturity of short-term loans 1 week and long-term loans 1 month. If the repayment cannot be made on time due to objective reasons, it should be negotiated with the bank, and then extended to the bank in shenqing a few days in advance, and the amount and date of the extension should be filled in and submitted to the bank for review. In addition, you have to bear the expected interest and late fees. Secondly, if the loan expires and you don't take the initiative to repay it, the bank will take the initiative to deduct the loan principal and interest from your deposit account. If you find that your balance is low, don't be too suspicious, but it is usually a SMS reminder. Finally, if you are still unable to repay the loan personally, the bank will now bring a court action against you personally. At the same time, your personal credit record will also leave a bad record and even be blacklisted. If the borrower fails to repay the bank loan within the time limit, it will not only bear the corresponding legal consequences, but also the corresponding guarantor. Generally speaking, after you fail to repay the bank loan within the time limit, the bank can ask your guarantor to repay it. At this point, the guarantor needs to bear joint and several liability. According to the provisions of the Civil Code, if the bank loans overdue fails to repay, the guarantor shall bear the guarantee responsibility. If there is joint and several liability for guarantee, the bank may require the guarantor to bear the debt; If it is a general guarantee liability, the debtor must be sued first. If the debtor cannot perform the debt after compulsory execution, the bank may have the right to ask the guarantor to bear the debt. I hope the above content can help you. If you have any other questions, please click the button below or consult a professional lawyer online.
Legal objectivity:
Article 688 of the Civil Code stipulates that 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. When the debtor of joint and several liability guarantee fails to perform the due debt or the circumstances agreed by the parties occur, 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.