1. How to protect yourself when a guarantor is sued:

As a guarantor, you must assume the responsibilities and obligations of the guarantee, so you must consider whether you can guarantee and have a guarantee What is the issue? At the same time, there will also be situations where the guarantor is sued. In such a situation, the guarantor needs to respond to the lawsuit by preparing a defense, sorting out evidence, understanding the situation, and protecting himself or assuming responsibility. When doing self-insurance, you should also pay attention to the guarantee period. Generally, if there is no agreed guarantee period, the guarantee period will be six months from the date of maturity of the debt. If the period exceeds the period, the guarantor can be exempted from guarantee liability.

2. There are certain requirements and restrictions in relevant laws and regulations for serving as a guarantor:

1. The guarantor needs to have the ability to repay the debt on behalf of the debtor. The identity also needs to be a legal person, other organization or a citizen. Only if such conditions and identity are met can the person serve as a guarantor. At the same time, if the buyer cannot meet such conditions, that is, it is a legal person, other organization or natural person who does not have full debt repayment ability, they serve as guarantors after the contract is signed, and later request exemption on the pretext of their inability to repay the debt. The guarantee liability cannot be supported by the court.

2. Those who want to be a guarantor can also be a special status of citizens such as individual merchants and rural contract operators according to the relevant provisions of the Civil Law. They can also serve as guarantors.

3. There are specific requirements for other organizations that act as guarantors. They can be sole proprietorships or partnerships that have registered and received relevant business licenses in accordance with the law; they can also be registered in accordance with the law and receive Joint ventures that have obtained a business license; or Sino-foreign joint ventures, but they are also required to be legally registered and have obtained a business license; and social groups that have been verified and registered by the civil affairs department can also be considered as qualified Other organizations with certain conditions; it can also be enterprises run by towns, streets, and villages. As long as they have been verified, registered, and received a business license, they can all serve as guarantors.

4. It is the requirement for a corporate legal person to act as a guarantor. If it is a branch of a corporate legal person and acts as a guarantor without the written authorization of the legal person, such a legal person guarantee will not be established. The guarantee contract has no effect. There is also a guarantee provided by the functional department of the corporate legal person, which guarantees that the contract is invalid.

5. What needs to be noted as a guarantor is that public institutions or social groups that are used for public welfare purposes cannot be used as guarantors. However, if they are engaged in business activities or social groups as guarantors, As a guarantor, if there are no other conditions that would invalidate the guarantee agreement, then the guarantee agreement signed by the guarantor will be valid.

6. When a state agency is in the process of accepting a loan from a foreign government or an international economic organization, it can serve as its guarantor after approval by the State Council. If it is other Under such circumstances, state agencies cannot be allowed to serve as guarantors.