There are two situations.

1. The guarantor is unable to repay. After the borrower loans overdue, the bank will seek repayment from the borrower himself as soon as possible. If you don't repay for a long time, the bank will find a guarantor to urge the borrower to repay, and then ask the guarantor to repay. The guarantor is unable to repay the loan, and this situation will not go to jail. The best way to deal with it is to pay off all the loans with the borrower as much as possible.

2. The guarantor has repayment ability. After loans overdue, if the borrower has the ability to repay, but does not repay, the bank will sue the borrower. When the guarantor is required to repay, if the guarantor has the repayment ability, the court will enforce it after the bank sues and auction the guarantor's real estate and automobile products at a price lower than the market price. Therefore, if he refuses to perform, he may go to jail and be fined.

1. Loan is a form of credit activity in which banks or other financial institutions lend monetary funds at a certain interest rate and must return them. Loans in a broad sense refer to loans, discounts, overdrafts and other borrowing funds. Banks put concentrated money and monetary funds out through loans, which can meet the needs of social expansion and reproduction and promote economic development. At the same time, banks can also obtain loan interest income and increase their own accumulation.

Second, the risk review of microfinance

The emergence of loan risk often begins at the stage of loan review. Based on the disputes in judicial practice, we can see that the risks in the loan review stage mainly appear in the following links.

(1) The loan examiner of the bank was omitted from the review content, resulting in credit risk. Loan review is a meticulous work, which requires investigators to systematically investigate and inspect the qualifications, qualifications, credit and property status of loan subjects.

(2) In practice, some commercial banks do not have due diligence, and loan examiners often only pay attention to the identification of documents, lacking due diligence, so it is difficult to identify fraud in loans and it is easy to cause credit risk.

(3) Many wrong judgments are due to the fact that banks did not listen to experts' opinions on relevant contents, or professionals made professional judgments. In the process of loan review, we should not only find out the facts, but also make professional judgments on relevant facts from legal and financial aspects. In practice, most loan review processes are not very strict and in place.

Third, the legal content of the pre-loan investigation

(1) Review the legal status of the borrower, including its legal establishment and continuous and effective existence. If it is an enterprise, it shall examine whether the borrower is established according to law, whether it has the qualification and qualification to engage in relevant business, and check the business license and qualification certificate, and pay attention to whether the relevant certificate has passed the annual inspection or relevant verification.

(2) Regarding the credit standing of the borrower, check whether the registered capital of the borrower is suitable for loans; Examine whether there is a clear situation in registered capital flight; Past loans and repayments; And whether the borrower's product quality, environmental protection, tax payment and other illegal conditions may affect the repayment.

What is the influence of the guarantor if the lender does not pay back the money?

Will lead to overdue records in the guarantor's credit information, resulting in damage to the guarantor's credit; The guarantor needs to bear the repayment responsibility, and the lending institution will ask the guarantor to repay; In addition to calling the borrower for collection, the lending institution will also call the guarantor for collection.

Therefore, the guarantor needs to urge the lender to repay on time. Once the lender fails to pay back the money, the repayment responsibility falls on the guarantor.

What is the impact on the guarantor if the loan is not repaid?

Failure to repay the loan will definitely bring trouble to the guarantor. According to the situation in loans overdue and the different guarantee methods, the impact will be different.

If the loan is only overdue for a few days, both the borrower's credit information and the guarantor's credit information will leave overdue loan records, which will have a certain negative impact on the guarantor's desire to apply for a loan or credit card.

After the loan is overdue for a long time, the lending institution may bring a lawsuit to the court, requiring the borrower and guarantor to bear the repayment responsibility.

According to the provisions of the guarantee law, the third party and the creditor agreed that when the debtor fails to perform the debt, the guarantor will perform the debt or assume the responsibility as agreed. The third person here is a guarantor, including a legal person, other organization or citizen who has the ability to pay off debts on his behalf.

characterization

The guarantor has the qualifications prescribed by law, that is, the conditions that meet the requirements:

(1) is irrelevant to this case;

(two) enjoy political rights, personal freedom is not restricted;

(3) Having a permanent residence and permanent residence in the local area;

(4) Having the ability to perform the guarantee obligations.

(5) There is no obvious record of breach of contract.

The guarantor and the creditor shall conclude a guarantee contract in writing.

Special provisions

First, legal persons, other organizations or citizens who have the ability to pay off debts on their behalf can act as guarantors. However, if a legal person, other organization or natural person who does not have full compensation capacity enters into a guarantee contract as a guarantor, the people's court will not support it.

Second, according to the relevant provisions of the General Principles of Civil Law, individual industrial and commercial households and rural contracted households are a special form of citizens. Therefore, citizens as guarantors can also be individual industrial and commercial households and rural contracted households.

Three, can be used as a guarantor, including: registered in accordance with the law to obtain a business license of wholly-owned enterprises, partnerships; A joint venture registered in accordance with the law and obtained a business license; Chinese-foreign contractual joint ventures registered according to law and obtaining business licenses; Social organizations approved and registered by the civil affairs department; Township, street and village-run enterprises that have been approved to register and obtain business licenses.

Fourth, if a branch of an enterprise as a legal person provides a guarantee without the written authorization of the legal person, the guarantee contract is invalid. If the functional department of an enterprise as a legal person provides a guarantee, the guarantee contract is invalid.

Fifth, public institutions and social organizations aiming at public welfare may not act as guarantors. If the institutions and social organizations engaged in business activities are guarantors, and there are no other circumstances that lead to the invalidity of the guarantee contract, the guarantee contract signed by them shall be deemed as valid.