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What should I do if the person who acts as a guarantor does not pay back the debt?

If the debtor who acts as a guarantor does not repay the debt, the guarantor may need to pay off the entire debt on his behalf, because this is the guarantor's responsibility. Once you encounter this situation, for your own benefit, you should use various means to urge the other party to repay. If the other party repays the loan and the creditor requires you to repay it on your behalf, you can also apply to the court to require the primary lender to use your own assets, such as real estate, cars, securities, etc., to mortgage the loan. If you help repay the loan, you should ask the other party to repay the debt to you as soon as possible afterwards, and you can recover it through the court. What should you pay attention to when guaranteeing a loan?

1. When signing a guarantee contract, it is best to agree with the other party that the type of guarantee is a general guarantee. In this way, disputes over the main contract will not be subject to trial or arbitration, and the borrower's property shall be settled in accordance with the law. Before compulsory execution still fails to fulfill the debt, the creditor can refuse to bear guarantee liability. If it is a joint liability guarantee, the creditor can either require the borrower to perform the debt, or require the guarantor to assume the guarantee liability within the scope of its guarantee, and the guarantor has no right of first-suit defense.

2. Be sure to confirm your friend’s credit. The better your friend’s credit, the smaller your risk. Otherwise, the other party will simply run away after borrowing the money and not repay it, and you will have to repay it on your behalf. Moreover, if the other party is overdue, bad information will appear in your credit report, which will lead to credit damage and affect your subsequent loans.

3. You must ensure that you have a stable economic income and sufficient repayment ability before agreeing to guarantee. Otherwise, vouching for others will increase your personal financial burden.

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