What should I do if I forgot to sue the guarantor when I appealed

If not, the guarantor can be added as a co-defendant; If it is, it needs to be sued separately.

Prosecution process. 1. When a party initiates a lawsuit, it shall first submit a statement of indictment and submit a corresponding number of copies according to the number of opposing parties. If the parties are citizens, the names, genders, ages, places of origin, and addresses of both parties shall be indicated; If the party is a unit, the name and address of the unit, and the name of the legal representative or responsible person shall be clearly indicated.

The body of the indictment shall clearly state the matters requested, the facts and reasons for the indictment, and the end must be signed or affixed with an official seal.

2. Basis"Whoever asserts is the one who gives evidence"In principle, the plaintiff shall submit the following materials to the court:

1. Materials on the plaintiff's subject qualifications. Such as the original and photocopy of resident ID card, household registration booklet, passport, home return permit for Hong Kong and Macao compatriots, marriage certificate and other evidence; If the enterprise unit is the plaintiff, it shall submit copies of the business license, business registration certificate and other materials.

2. Evidence to prove the plaintiff's claim. Such as contracts, agreements, creditor's rights documents (IOUs, IOUs, etc.), receipts and delivery vouchers, correspondence, etc.

3. When a party submits documentary evidence to the court, it shall fill out a list of evidence in duplicate, listing in detail the name and number of pages of the evidence submitted. After the evidence has been verified by the court's undertaker, the undertaker is to sign and seal the evidence list, and one copy is to be handed over to the parties and one is to be recorded.

IV. Within 7 days after the parties have completed the necessary formalities and submitted all relevant evidentiary materials, the case filing division shall handle the case filing formalities for those who meet the requirements for case filing; Where the requirements for filing a case are not met, a ruling is made in accordance with law not to accept it.

5. The parties shall pay the case acceptance fee and other litigation fees in advance within 7 days from the date of receipt of the notice of acceptance, and if there are real difficulties, they may submit a written application to this court for reduction, deferment or exemption within the prepayment period.

6. After the case filing formalities, the case shall be scheduled by the court**, and the parties shall obey the various work arrangements of the court, and settle the litigation costs in the financial office after the case is concluded, and refund the excess and make up for the deficiency.

It is not appealable and mediated by the court. If the agreement is illegal or unfair, it can apply for retrial, and a mediation document has been issued.

The guarantor cannot be pursued. Legal basis: In accordance with Article 4 of the Provisions of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Private Lending Cases

Where the guarantor provides the borrower with a joint and several liability guarantee, and the lender only sues the borrower, the people's court may not add the guarantor as a co-defendant; Where the lender only sues the guarantor, the people's court may add the borrower as a co-defendant.

Where the guarantor provides a general guarantee to the borrower, and the lender only sues the guarantor, the people's court shall add the borrower as a co-defendant; Where the lender only sues the borrower, the people's court may not add the witness of the borrower as a co-defendant.

As a guarantor, if you are sued by a creditor, you must determine how to defend it according to the specific facts of the case.

The first step should be to determine whether the security is valid, and if it is only an oral guarantee or there is no indication of intent to provide security for the creditor, the security may be invalid.

Secondly, it can be emphasized to confirm whether the guarantee liability period has been agreed in the security agreement, and the guarantor and the creditor agree on the guarantee period, and the agreement shall be executed in accordance with the agreement. If the guarantor and the creditor have not agreed on the guarantee period, the law stipulates that the guarantee period is 6 months. If the creditor who is responsible for the general guarantee does not file a lawsuit or apply for arbitration against the debtor during the guarantee period, the guarantor shall be exempted from the guarantee liability; If the creditor does not require the guarantor to bear joint and several liability during the guarantee period, the guarantor shall be exempted from the guarantee liability.

If the guarantee contract stipulates that the guarantor shall bear the guarantee liability until the principal and interest of the principal debt are paid off, or other similar content, it shall be deemed that the agreement is unclear, and the guarantee period shall be two years from the date of expiration of the performance period of the principal debt.

Finally, the guarantee liability is divided into a general guarantee liability and joint and several guarantee liability, if the general guarantee liability is undertaken, the creditor can claim the right of defense in the first lawsuit, the creditor needs to claim the creditor's right to the debtor first, if it is joint and several guarantee liability, the debtor does not perform the debt when due, the guarantor needs to bear joint and several guarantee liability.

Article 688 of the Civil Code of the People's Republic of China provides that if the parties agree in the guarantee contract that the guarantor and the debtor shall be jointly and severally liable for the debt, it is a joint and several liability guarantee.

In the event that the debtor of the joint and several liability guarantee fails to perform the debts due or the circumstances agreed upon by the parties occur, the creditor may request the debtor to perform the debts, and may also request the guarantor to assume the guarantee liability within the scope of the guarantee.

If the debtor of the joint and several liability guarantee fails to perform the debt upon the expiration of the debt performance period specified in the main contract, the creditor may require the debtor to perform the debt, and may also require the guarantor to bear the guarantee liability within the scope of the guarantee. The guarantor has the right to recover from the debtor after assuming the guarantee liability. After the guarantor is sued, he should actively perform the debt, and then immediately go to the court to file a lawsuit, apply for property preservation, seize the borrower's property, and claim that the other party repay the loan.

Recovery is then made from the debtor. Legal basis: Article 688 of the Civil Code of the People's Republic of China: Where the parties agree in the guarantee contract that the guarantor and the debtor shall be jointly and severally liable for the debt, it is a joint and several liability guarantee.

In the event that the debtor with liability guarantee fails to perform the due debts or the circumstances agreed upon by the parties occur, the creditor may request the debtor to perform the debts or may request the guarantor to bear the responsibility of the guarantee within the scope of the guarantee.