Collect the debt from the guarantor

Life is full of unpredictable situations, sometimes there are circumstances when loved ones need help. By bailing out a friend or relative, we voluntarily assume the obligation to vouch for his debt. However, not always everything goes according to plan, and it becomes necessary to collect the debt from the guarantor.

Guarantor: who is he and what is his responsibility?

A guarantor is a person who, having concluded a contract of suretyship, undertakes to the creditor to fulfill the debtor’s obligations, in whole or in part, in case of non-fulfilment.

The guarantor’s liability to the creditor is determined by the Civil Code of Ukraine (hereinafter referred to as the Civil Code of Ukraine). According to Article 553 of the Civil Code of Ukraine, the guarantor is liable to the creditor in the same way as the debtor, with exceptions established by law or the suretyship agreement.

This means that the guarantor is subject to all the rights and obligations provided for the debtor, except for those expressly defined by law or contract. For example, the guarantor is not responsible for personal obligations of the debtor that do not arise from the main contract.

In what cases can the debt be collected from the guarantor?

According to Article 553 of the Civil Code of Ukraine, the creditor has the right to recover the debt from the guarantor in the following cases:

1. Non-fulfillment of obligations by the debtor. This is the most common reason. For example, if the borrower has not returned the loan to the bank, the bank can apply to the guarantor with a demand to repay the debt.
2. The death of the debtor or his declaration as missing. In such cases, the creditor has the right to make a claim against the guarantor.
3. Incapacity of the debtor. If the debtor is recognized by the court as incompetent, the creditor can collect the debt from his legal representative, as well as from the guarantor.
4. The debtor has no property that can be foreclosed upon. In this case, the creditor can turn to the guarantor if the debtor has not fulfilled his obligations.

It is important to note that:

• The creditor can turn to the guarantor only after presenting the debtor with a demand for the fulfillment of the obligation.
• The surety is terminated with the termination of the main obligation.

In addition to the above-mentioned grounds, debt recovery from the guarantor may be possible in cases stipulated by the suretyship contract.

Methods of debt recovery from the guarantor

There are two main ways of collecting a debt from a guarantor:

Voluntary.

• The guarantor can repay the debt voluntarily, avoiding legal proceedings.
• For this, the creditor must send him a written demand for debt repayment.

Judicial.

• If the guarantor refuses to repay the debt voluntarily, the creditor can apply to the court with a lawsuit.
• The court, having considered the case, will issue a decision on debt recovery from the guarantor.

Why is it better to contact a lawyer?

Debt collection from a guarantor is a complex legal process that requires knowledge of legislation and experience in conducting court cases. It is difficult to figure out all the details on your own, so it is better to consult a lawyer.

There are several main reasons why you should contact an expert of the Prykhodko and Partners law firm:

1. Knowledge of legislation. Lawyers have in-depth knowledge of civil legislation, court practice and the intricacies of cases related to bail. This allows them to find the most effective way to collect the debt from the guarantor.
2. Experience. Lawyers have experience in conducting court cases on the collection of debts from guarantors. They know how to behave properly in court, how to argue their position and how to succeed in a case.
3. Saving time and effort. By contacting a specialist, you will save your time and energy. You don’t have to study the law yourself, prepare documents and go to court. A lawyer will do all this for you.
4. Protection of your rights. A lawyer will help you protect your rights and interests. He will ensure that your rights are not violated at any stage of debt collection from the guarantor.
5. By contacting a lawyer, you can be sure that your case will be in safe hands.Several additional arguments in favor of contacting a lawyer

Several additional arguments in favor of contacting a lawyer

1. Debt collection from a guarantor is a complex process in which it is easy to make a mistake. A lawyer will help you avoid such mistakes that can lead to negative consequences.
2. In some cases, debt collection from the guarantor may be impossible or very difficult. A lawyer can help you find a compromise solution that will be beneficial for you and the guarantor.
3. If you try to collect the debt from the guarantor yourself, it can lead to conflict and deterioration of the relationship. A specialist will help you solve this problem peacefully.

Do not risk your rights and interests. Contact a lawyer who will help you collect the debt from the guarantor.

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