Guarantee is generally divided into joint liability guarantee and general liability guarantee. For bank loan guarantee, the bank has a guarantee contract with a prescribed format. In order to protect their own rights and interests, it is generally stipulated in the contract that the guarantor shall bear joint and several liability guarantee.
In addition, it depends on whether it is within the warranty period. If you need to bear the warranty responsibility during the warranty period, you don't need to bear the responsibility after the warranty period.
If the lender runs away during the guarantee period, then the guarantor should bear certain responsibilities, but how much responsibility to bear should be determined by reference to the loan contract or negotiation.
If the bank requires the guarantor to take responsibility, then the key is how to apply for enforcement after the judgment.
If the bank feels that the guarantor has strong economic strength, cash assets (bank deposits, securities, etc. ) and strong compensatory ability, it is very likely to apply for the guarantor's property first.
Moreover, according to Article 6 of the Provisions on the Seizure, Seizure and Freezing of Property in Civil Execution promulgated by the Supreme Court on June 4, 2004: "The people may seize the residential houses necessary for the life of the executed person and his dependents, but they may not auction, sell off or pay off their debts."
2. What should I do if both the borrower and the guarantor run away?
Call the police. Go after it if you can.
3. Have the borrower and guarantor run away?
Even if you don't take your house, you still have to bear some responsibilities. Don't do such stupid things in the future, especially to vouch for others.
4. What should I do if both the borrower and the guarantor run away?
1. It seems that you signed a joint guarantee contract, the debtor ran away and the creditor came to you. This is legal, because you are jointly and severally liable. 2. You don't have to bear the guarantee liability under the following circumstances: (1) The creditor colludes with the debtor to defraud your guarantee; (2) By means of fraud or coercion. Let you provide a guarantee. After you assume the guarantee responsibility, you have the right to recover from the debtor, but you said he ran away, and now there is definitely nothing you can do. If you run away, all your property will be sealed up and auctioned, and your debt will be repaid. The most important thing is to ensure that it is not a joke. Don't give people a guarantee casually in the future, it depends on the ability of the guarantor and yourself to answer so many questions. Take it. Thank you. If you don't know, you can go to the legal through train to seek legal aid.
Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.