What to do if the borrower goes to jail and the guarantor

Why was the lender you secured by your family arrested and jailed? If it is a criminal case (such as homicide, drug trafficking) that has nothing to do with the guarantor, the police can ask the guarantor to inquire and investigate and verify at best; If the lender is injured in an economic case (e.g

fraud, forgery) will not be caught, unless your family and the lender maliciously collude and commit a joint crime, which your family knows well. In a word, I am willing to gamble and lose, be guilty of crime, suffer for myself, and don't panic.

For your questions are as follows:

1. It depends on how the guarantor's guarantee liability is agreed, whether it is limited guarantee liability or unlimited joint and several liability.

2. Look at how the guarantee agreement is agreed to see if there is a situation where the guarantor is exempt from the guarantee.

3. After the general guarantor bears the guarantee liability within the scope of the guarantee liability, he shall seek compensation from the guarantor.

Hope the above helps.

The creditor has the right to require the guarantor to bear the guarantee liability, that is, the creditor can demand the guarantor to repay the money.

The guarantor is the guarantor, and according to the provisions of the Guarantee Law, the third party and the creditor agree that when the debtor fails to perform the debt, the guarantor shall perform the debt or assume responsibility according to the agreement, and the third party here is the guarantor, including the legal person, other organization or citizen who has the ability to repay the debt on behalf of the debtor, and the creditor here is the creditor of the main debt. Here - the performance of the debt according to the agreement or the assumption of responsibility - is called the guarantee debt, and some people also call the guarantee liability.

According to the above, your family is now equated with debtors.

Legal analysis: Under normal circumstances, if the lender is imprisoned and cannot repay the debt, the guarantor shall bear the guarantee liability. Whether the debtor is in jail or not has no effect on the assumption of the guarantee liability.

The guarantor of the general guarantee liability may refuse to bear the guarantee liability before the debtor's property is enforced and cannot be performed. The guarantor who is jointly and severally liable shall bear the same repayment liability as the debtor. Regardless of whether the debtor has property or not, whether it is enforced, the guarantor must bear the guarantee liability and repay the debt.

Legal basis: Article 686 of the Civil Code of the People's Republic of China The forms of guarantee include 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:Where 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.

Article 688:Where the parties stipulate 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 guarantee.

When the debtor of the joint and several liability guarantee fails to perform the debt or the circumstances agreed upon by the parties occur, the creditor may request the debtor to perform the debt, and may also request the guarantor to bear the guarantee liability within the scope of the guarantee.