If the borrower does not repay the money, the bank can find a guarantor under what circumstances

The guarantor depends on whether it is a general guarantee or a joint guarantee, and secondly, whether it is within the guarantee period of the guarantor and whether the debtor has provided material security. That is, the guarantor shall bear the corresponding guarantee liability during the guarantee period and give priority to initiating the guarantee provided by the debtor. The guarantor is not required to repay all debts.

When the lender fails to meet the repayment obligation, the lender naturally has the right to recover the loan repayment obligation from the guarantor. When a lender is sued by a bank and is blacklisted, the guarantor will naturally blacklist if the guarantor fails to meet its repayment obligations.

Because Article 17 of China's ** Law stipulates that if the parties agree in the guarantee contract that if the debtor fails to perform the debt, the guarantor shall bear the guarantee liability, and the general guarantee is a joint and several liability guarantee. Article 18 stipulates that the parties agree in the guarantee contract that the guarantor and the debtor shall be jointly and severally liable for the debt.

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 or require the guarantor to assume the guarantee liability within the scope of its guarantee.

Article 19 provides that if the parties do not agree on the form of security or the agreement is not clear, they shall be liable for the guarantee under the joint and several liability guarantee, so it is not wrong for the lender to recover from the guarantor when the lender fails to meet the repayment obligation. There is nothing wrong with a lender suing a guarantor as a lender suing a lender. The bank's measure of blacklisting the guarantor at the same time is also completely correct.

If the guarantor does not repay after the guarantee period has expired, that is, if the obligee does not claim to the court that the guarantor should bear the repayment obligation after 6 months of the agreed repayment period, the guarantor will no longer bear the guarantee liability.

Article 25 of the Guarantee Law.

Provisions: If the guarantor of a general guarantee and the creditor have not agreed on the guarantee period, the guarantee period shall be six months from the date of expiration of the performance period of the principal debt.

I will definitely find myself directly, and I will also ask myself for money, which is reasonable, because I am a guarantor, and if I can't find the other party, I will look for myself.

This is not the case, because unless the borrower does not have any property, but if it simply does not pay back, the bank will take the borrower to court.

The bank will make the guarantor responsible, and the guarantor's duty and role is to cover the borrower, and once there is a problem with the borrower in the bank, the guarantor will bear all the losses and debts.

In such a situation, the bank can choose to find the borrower to repay the loan, and if the borrower does not have the ability to repay, it can find a guarantor and let the guarantor repay.

I will definitely look for the borrower because it is the borrower who borrows the money, but if one day the borrower can't find it, then I will look for the guarantor.

The borrower and guarantor should be found, and these people should bear the corresponding responsibility, so the bank has the right to urge the other party to repay the money.

If the borrower does not repay the money, the guarantor shall bear the guarantee liability, but the methods and conditions for liability are different according to different types of guarantees.

Guarantee is divided into general guarantee and joint and several liability guarantee, if the parties agree in the guarantee contract that when the debtor is unable to perform the debt, the guarantor shall bear the guarantee liability, it is a general guarantee, and the guarantor of the general guarantee may refuse to bear the guarantee liability to the creditor before the main contract dispute has not been tried or arbitrated, and the debtor's property is still unable to perform the debt in accordance with the law, and the parties stipulate in the guarantee contract that the guarantor and the debtor shall bear joint and several liability for the debt, which is a joint and several liability 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. If the parties have not agreed on the method of guarantee, or the agreement is not clear, they shall bear the guarantee liability in accordance with the joint and several guarantee.

After assuming the guarantee liability, the guarantor has the right to recover from the debtor and other guarantors in accordance with the law.

2. If the borrower does not repay the money, will the guarantor go to jail.

1. The guarantor has no ability to repay the loan, after the borrower is overdue, the bank will find the borrower himself to repay the loan as soon as possible, if it does not repay for a long time, then the bank will find a guarantor to urge the borrower to repay, and then let the guarantor repay, the guarantor has no financial ability to repay the loan, this situation will not go to jail. The best course of action is to work with the borrower to try to pay off all the loans.

2. The guarantor has the ability to repay, after the loan is overdue, if the borrower has the ability to repay but does not repay, the bank will sue the borrower, when the guarantor repays, if the guarantor has the ability to repay, then after the bank sues, the court will enforce the auction, the guarantor's real estate, car property, etc. below the market price, therefore, if it refuses to perform, then there is a possibility of jail time, and a fine will also be generated.

Legal basis: Article 17 of the Guarantee Law of the People's Republic of China: If the parties agree in the guarantee contract that the guarantor shall bear the guarantee liability when the debtor fails to perform the debt, it is a general guarantee.

The guarantor of a general guarantee may refuse to bear the guarantee liability to the creditor before the main contract dispute has not been tried or arbitrated, and the debtor's property is still unable to perform its obligations in accordance with the law.

Legal Analysis: If the lender does not repay the money, the guarantor and the guarantor bear the guarantee liability. and where responsibility is borne in accordance with law, compensation may be recovered or prosecuted.

Under normal circumstances, if the guarantor is still unable to perform the debtor's property when the debtor is forced in accordance with the law without trial or arbitration in a contract dispute, the guarantor may refuse to bear the guarantee liability.

Legal basis: Article 12 of the Civil Code of the People's Republic of China. The laws of the People's Republic of China shall apply to civil activities within the territory of the People's Republic of China. Where the law provides otherwise, follow those provisions.

Article 119 of the Civil Procedure Law of the People's Republic of China stipulates that the following conditions must be met to initiate a lawsuit:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

2) There is a clear defendant;

3) There are specific requests, facts, and reasons;

4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court that is the subject of the lawsuit.

If there are circumstances specified in Article 30 of the Guarantee Law, the guarantor may not bear the guarantee liability, otherwise, as a guarantor, if the debtor fails to perform the repayment obligation, it needs to perform its guarantee liability in accordance with the guarantee contract. If performance is refused, the creditor may sue for performance in accordance with law.

In the case of joint and several guarantees, the creditor may choose to require the debtor and the joint guarantor to bear the repayment liability after the arrears are due. If a general guarantee is agreed, the creditor may require the general guarantor to bear the guarantee liability when the debtor fails to perform the repayment obligation.

According to the provisions of the relevant laws of our country, if the debtor does not repay the debt after the loan expires, if the debtor is the guarantor, it can be repaid by the guarantor, but it is necessary to distinguish between general guarantee and joint and several guarantee.

Civil Code of the People's Republic of China

Article 686.

Guarantee method] The guarantee method includes general guarantee and joint and several liability guarantee.

If the parties do not agree on the form of guarantee in the guarantee contract or the agreement is not clear, they shall bear the guarantee liability in accordance with the general guarantee.

Article 687.

General Guarantor's Right to Defend in First Action] If the parties agree in the guarantee contract that if the debtor fails to perform its obligations, the guarantor shall bear the guarantee liability, it is a general guarantee.

The guarantor of a general guarantee has the right to refuse to bear the guarantee liability to the creditor before the main contract dispute has not been tried or arbitrated, and the debtor's property is still unable to perform its obligations in accordance with the law, except in any of the following circumstances:

1) The debtor's whereabouts are unknown and there is no property available for enforcement;

2) the people's court has accepted the debtor's bankruptcy case;

3) The creditor has evidence to prove that the debtor's property is insufficient to perform all debts or that it has lost the ability to perform debts;

4) The guarantor waives the rights provided for in this paragraph in writing.

Article 688.

Joint and several liability guarantee] 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.

1. What is the scope of the guarantor's guarantee?

The main creditor's right, as well as interest, liquidated damages, damages and expenses for realizing the creditor's right (if otherwise agreed in the guarantee contract, the agreement shall be followed).

1. The entirety of the main creditor's rights.

In the guarantee contract, if there is no specific specific agreement, it shall be deemed to be the guarantee of the entire principal claim.

2. Interest. Interest is statutory and agreed, and all interest arising from the principal creditor's right, whether statutory or agreed, should be listed as the object of guarantee. Statutory interest, such as interest arising from delay in performance (deferred interest), is derived from the principal claim and should be undoubtedly among the guarantees; Although the interest agreed upon and otherwise agreed upon by the parties are also subordinate to the principal claim, the aforesaid restrictive practice shall apply, and only if it is directly agreed upon when the guarantee contract is established in advance, it can be included in the scope of the guarantee guarantee.

Of course, if the agreed interest rate is obviously unfair or the law has a special limit, it should be appropriately adjusted or prescribed by law.

3. Liquidated damages.

The guarantee must be the liquidated damages payable in respect of the principal claim in order to be guaranteed. Although liquidated damages are subordinate, they have a certain degree of independence, and it is necessary to set up a separate liquidated damages contract or an independent clause in addition to the main creditor's right, so when applying the guarantee, it is the same as the agreed interest, and the restrictive approach is adopted, that is, the guarantee for liquidated damages should be limited to the agreement between the guarantee contract and the main debt at the same time.

1 The first suggestion is that the large number is dispersed.

The reason why you can't borrow money is often the wrong way to borrow money, when you are in a hurry to use the money, it generally belongs to the kind of large amount, when you want to borrow a large amount from one person, many people can't take it out, so when you encounter this situation, you have to divide the large number of small amounts and borrow from different friends, so that each friend lends you a little, and the number is all when you borrow it.

2 The second suggestion, interests.

Not all people can lend you for free, especially when a large amount of money, when you can't borrow money, it is often the reason why you can't convince others to lend you money, favors and interests sometimes coexist, so when you want to borrow money from others, you must be giving others in return.

3 Third Advice, Credit Card.

Many people can easily get a credit card, as long as you fill in some necessary and meet the conditions of the bank, you can apply for a credit card, and the credit card may withdraw money to you, as long as you pay the corresponding procedures.

4 The fourth suggestion, mortgage, offset.

The mortgage is equivalent to a pawn method in ancient Changpi or Shi, where you think that valuable property, such as gold, silver, jewelry, cars, watches and other items are taken to the pawnshop for work, and the pawnshop can exchange the value of the item for money to you, as long as the item can be redeemed within the specified time.

5 Fifth Recommendation, tx.

The so-called tx refers to the money that can only be spent online, to carry out some ways to use the money tx, this method must be carried out with acquaintances, do not believe in letting strangers help you with tx.

6 Sixth Recommendation, Loans.

Loans, in fact, I don't recommend others to do this method, after all, this is not a good suggestion, but it is still possible in an emergency, but you must find a regular company to take out a loan, if you have the conditions, you can go to an acquaintance for a loan and repay it within the specified time.

Use Huabei to pay in installments to offline merchants, and the merchants receive the full amount, but because they need to charge a handling fee, the seller knows whether it is an installment. The handling fee for the buyer's order to pay with Huabei is borne by the seller, the handling fee rate is 1% of the transaction amount, and the handling fee will be automatically deducted after the order transaction is successful.

Orders paid by buyers using Huabei installments are the same as other normal orders, and the merchant will receive the full payment after the order transaction is successful (the buyer confirms the receipt).