After repayment, provide materials such as guarantee contract and repayment voucher, which proves that it is enough to go to court for prosecution.
Warranties are divided into general warranties and joint warranties.
1. If it is stated in the guarantee that the guarantor is responsible for the borrower's failure to repay the loan, it is a general guarantee.
General guarantee is stipulated by law, and the guarantor's property can only be executed if the borrower can't repay it legally (it can't be executed after the application is executed).
2. If the guarantor fails to write any of the above contents, it is a joint guarantee, and the creditor can ask the borrower or the guarantor for money. Joint and several guarantees are more responsible.
Joint and several liability guarantee refers to the joint and several liability guarantee in which the parties stipulate in the guarantee contract that the guarantor and the debtor shall bear joint and several liability for debts. That is, if the debtor of joint and several liability guarantee fails to perform the debt at the expiration of the performance period agreed in the main contract, the creditor may require the debtor to perform the debt or require the guarantor to assume the guarantee liability within the scope of his guarantee, and the guarantor has no right of defense. During the guarantee period, if the creditor requests the guarantor of joint and several liability to undertake the guarantee liability according to law, the guarantor shall not refuse, which is a positive aspect of the effectiveness of the guarantee period in the joint and several liability guarantee.
Second, how to sue?
1. When writing a complaint, the following items shall be recorded: the basic information of the parties; The specific litigation request and the facts and reasons on which it is based; Evidence and sources of evidence, facts to be proved, names and addresses of witnesses;
2. Submit identification materials;
3. Prepare evidence materials;
4. Entrusted agent ad litem;
5. Pay the litigation costs.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 681 A suretyship contract is a contract in which the surety and the creditor agree that the surety will perform the debt or assume the liability when the debtor fails to perform the due debt or the circumstances agreed by the parties occur.
The forms of suretyship include general suretyship and joint liability suretyship.
If the parties have not agreed on the way of guarantee or the agreement is unclear in the guarantee contract, they shall bear the guarantee liability according to the general guarantee.
Article 687 General Guarantee refers to the guarantee that the guarantor shall bear the guarantee liability when the debtor fails to perform the debt, as stipulated by the parties in the guarantee contract.
The guarantor of a general guarantee has the right to 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, except in one of the following circumstances:
(1) The debtor's whereabouts are unknown and there is no property available for execution;
(2) The people's court has accepted the bankruptcy case of the debtor;
(3) The creditor has evidence to prove that the debtor's property is insufficient to perform all debts or cannot perform debts;
(4) The Guarantor waives the rights stipulated in this clause in writing.
People's Republic of China (PRC) Civil Procedure Law
Article 122 A 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.
Article 123 When a lawsuit is brought to a people's court, copies shall be submitted according to the number of defendants.
If it is really difficult to write a complaint, it can be made orally, which will be recorded by the people's court and the other party will be informed.
Article 128 The people's court shall send a copy of the indictment to the defendant within five days from the date of filing the case, and the defendant shall submit a reply within fifteen days from the date of receiving the indictment. The defense shall specify the defendant's name, gender, age, nationality, occupation, work unit, residence and contact information; The name and domicile of the legal person or other organization and the name, position and contact information of the legal representative or principal responsible person. The people's court shall send a copy of the defense to the plaintiff within five days from the date of receiving the defense.
If the defendant fails to submit the defense, it will not affect the trial of the people's court.