Article 18 of the Guarantee Law stipulates that "if the debtor with joint and several liability guarantees fails to perform the debt at the expiration of the debt performance period stipulated in the main contract, the creditor may require the debtor to perform the debt, or may require the guarantor to assume the guarantee responsibility within the scope of its guarantee." After the guarantor assumes the repayment responsibility, he shall obtain the right of recourse according to law. You can recover the guarantee liability (how much money has been repaid for the borrower) and related expenses (principal, interest, lawyer's fees, etc.) from the borrower. If you can't recover by yourself, you can bring a lawsuit to the people's court.
What are the consequences of the loan money?
1. If it is really unable to repay, it shall negotiate with the lending institution to extend the repayment period or repay by installments.
2. If the lending institution fails to perform the judgment of the court within the performance period after suing the court and winning the case, it will apply to the court for enforcement.
3. When accepting enforcement, the court will inquire about the real estate, vehicles, securities and deposits in the name of the lender according to law.
4. If the lender refuses to perform the effective judgment of the court because there is no enforceable property under his name, negative information such as overdue repayment will be recorded in the personal credit report, which will restrict high consumption and entry and exit, and may even lead to judicial custody.
5. Credit risk: helping others borrow money. Once others have insufficient funds and can't repay in time, their credit overdue records will be caused, which will affect their future work, taking high-speed trains and airplanes.
6. Risk of collection: Once others are unable to repay the loan, the loan company only looks for a nominal borrower, which will lead to harassment by collection, which will affect life and damage the economy.
7. Suggestion: Be careful to help others with loans. Loan is an economic activity, and it is the right of freedom. If you have no obligation to help others with loans, the risk passed on to yourself is relatively large, so you must be cautious.