If it is a general guarantee, you have the right of first appeal. Before the dispute has not been tried or arbitrated and the debtor's property has not been enforced according to law, you can refuse to bear the guarantee responsibility to the creditor. If there is no agreement in the contract, it shall be guaranteed according to unlimited joint and several liability.
2. You can claim compensation from your mother's friends after you have assumed the responsibility of guarantee.
3. I suggest you make two preparations; First, if the other party brings a lawsuit to the court, find a court friend to ease the relationship and try to ease the limitation of action for about a year; In addition, it is necessary to negotiate with creditors in advance, fully cooperate and try to find borrowers. If the borrower is unable to repay, your mother will still bear the responsibility.
You'd better contact the creditor now and try to control the borrower's assets to avoid being transferred.
Extended data
Xiao Zhang and Xiao Li are friends. Xiao Li borrowed 300,000 yuan from Xiao Wang for business weekly. Xiao Wang asked Xiao Li to provide a guarantee. Xiao Li found Xiao Zhang and wanted to give him a hand. Xiao Zhang agreed because of his kindness, so the three parties signed a simple agreement, stipulating that Xiao Wang would lend Xiao Li 300,000 yuan a year and Xiao Zhang would provide a guarantee.
Later, when the year expired, Xiao Wang urged Xiao Li to pay back the money, but Xiao Li repeatedly shirked it and didn't know what to do. Xiao Wang then directly took Xiao Zhang to court. Xiao Zhang was puzzled and asked how to deal with it.
Lin Zijun, a lawyer, said that the reason why Xiao Zhang was in trouble was that he didn't understand the two ways of guarantee stipulated by China law: general liability guarantee and joint liability guarantee.
Generally speaking, the creditor of general liability guarantee must first claim rights from the debtor, and only when the debtor's property is insufficient to repay can he claim rights from the guarantor; Creditors with joint and several liability guarantee have the right to choose to claim creditor's rights from the debtor or guarantor.
The guarantor of a general guarantee may refuse to undertake the guarantee liability to the creditor before the main contract dispute has been tried or arbitrated and the debtor's property has been enforced according to law.
Joint and several liability guarantee means that the guarantor and the debtor are jointly and severally liable for the debt. When the debtor fails to perform the debt at the expiration of the performance period agreed in the master 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.
According to article 19 of China's Guarantee Law, if the parties have not agreed or the agreement is unclear, they shall bear the guarantee liability according to the joint and several liability guarantee.
Therefore, Xiao Zhang in this case should be jointly and severally liable for the debt of 300,000 yuan owed by Xiao Li to Xiao Wang, and Xiao Wang Youquan chose Xiao Li or Xiao Zhang as the defendant according to law. According to the law, if Xiao Zhang repays on behalf of Xiao Li, he can recover from Xiao Li afterwards.
This case reminds us that in all kinds of civil and commercial activities, we should fully understand the risks, not just rely on words, but try our best to translate the opinions of all parties into words and consult professionals when necessary to avoid incurring risks.
Reference: People's Network? Help people make loan guarantees. What if someone collects debts?