For personal debts, ask a lawyer or a person with legal knowledge to give advice

If not, you can always ask him to repay, but you must give him enough time to prepare (I guess enough time is enough, right?). If he doesn't pay it back, he can file a lawsuit in court.

If the repayment date is written, then if it is not more than 2 years from the second day of the repayment date, then you still have the right to win the lawsuit.

If the repayment period has exceeded by 2 years, you can find a way to ask him to issue another arrears note, and then ask him to repay the loan within two years of the repayment date, and if he does not pay it, you should sue in time.

If his own property is not able to repay the money owed to you, I don't think you will get the money if you sue for the fee.

In addition, the conditions for the interruption of the statute of limitations are relatively strict, so I think it is unlikely that you will have this condition, so it is better to follow my method above.

Article 121 of the Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the General Principles of the Civil Law of the People's Republic of China stipulates that: "Where there is an agreement on the repayment period for a loan between citizens, it shall generally be handled in accordance with the agreement; If there is no agreement, the lender may request a return at any time, and the borrower shall promptly return it according to the lender's request; If they are temporarily unable to return it, they may be ordered to return it in installments based on the actual circumstances. In addition, article 206 of the Contract Law of the People's Republic of China provides:

The borrower shall return the loan within the agreed time limit. Where there is no agreement on the term of the loan or the agreement is not clear, and it cannot be determined in accordance with the provisions of Article 61 of this Law, the borrower may return it at any time; The lender may demand the borrower to return it within a reasonable period of time. "So.

You can claim your rights against him at any time. However, if you know or should have known that your rights have been infringed, the statute of limitations shall not exceed 20 years from that time.

If there is a reason for the interruption of the statute of limitations after 3 years, you can file a lawsuit.

As you mentioned, you fall into the category of typical guarantors.

The Guarantee Law stipulates that guarantees are divided into general guarantees and joint and several guarantees. Your case is considered to be a general warranty. The creditor needs to sue the debtor first, and you have a security obligation in the event that the debtor is unable to repay. In other words, you have the right to defend in the first instance under the law.

Therefore, when the creditor wants you to claim the creditor's rights, you need to inform the creditor (borrower) to claim the debtor (borrower) first, and the specific way to claim is to sue the court. If the debtor is in a trial in absentia or unable to perform the debt, you have a security obligation within the scope of the guarantee.

Of course, after fulfilling the guarantee obligation, you can claim recovery within the scope of the guarantee against the debtor.

You can sue both the debtor and the guarantor for repayment, and property belonging to their parents cannot be enforced.

You are the guarantor of joint and several liability, and in this case you can only repay the arrears to the creditor first, and when you have the opportunity, you will recover from the borrower, but when you repay the creditor, you must have the creditor's receipt, so that you can have evidence in hand.

Of course, you can also not pay it back.

You can only recover the debt from the debtor after paying the debt. This is the responsibility of the guarantor under the law.

Your guarantee is in the form of joint and several guarantees, so the creditor has the right to claim the repayment of the loan directly from you, and all you can do is to find your friend as soon as possible and ask him for money.

Find out the borrower's property and repay the borrower's property in advance.

Legal analysis: In the process of creditor's rights and debts disputes, lawyers can provide you with professional legal advice and services. A lawyer can help you analyze the facts of your case, identify the points of contention, and provide a solution.

At the prosecution or prosecution stage, a lawyer can negotiate with the other party on your behalf and prepare relevant legal documents and evidence. During the trial, the lawyer will act as your first person to defend you and protect your legitimate rights and interests.

Legal basis:1Article 17 of the Civil Procedure Law of the People's Republic of China: "A party may file a lawsuit through a lawyer. ”

2.Article 26 of the "Lawyers Law of the People's Republic of China": "Lawyers may provide legal services such as legal advice and litigation for their parties. ”

3.Article 131 of the Contract Law of the People's Republic of China: "If the debtor fails to perform its debts in accordance with the contract, the creditor has the right to request the debtor to perform; The creditor has the right to request the debtor to bear the liability for breach of contract. ”