How to recover a debt from the guarantor

Note that in the Russian practice of crediting most often, the responsibility for paying the debt of the borrower and the guarantor are joint and several. But the Civil code does not prohibit the establishment of vicarious liability where the guarantor is obliged to answer for the debts of the borrower in the absence of funds from the latter. With joint and several liability, the creditor is entitled to demand from the guarantor and the debtor's performance obligations together or individually. In this case the guarantor may be responsible for the payment of interest, reimbursement of legal costs and other expenses incurred by creditor in collecting the debt.

When collecting a debt from the guarantor will pay attention to some nuances. In accordance with the law, the creditor has the right to charge the surety only for the principal amount of the loan and percent for using them, but the amount of fines for late returns. However, the contract of guarantee may provide for the liability of the surety only for the return of debt and interest thereon. In this case, the creditor may not demand from him a refund of penalties and fines.

In the preparation of the statement of claim the court must consider the validity of the contract of guarantee. The law provides that to recover the amount of debt from the guarantor the creditor can only be for one year from the date of breach of contract, and subsequently, before the lender will respond only to the debtor himself. But in some cases the surety may be fixed in the contract. The validity of the credit agreement may exceed the term of the contract of guarantee. In such a situation the creditor is not entitled to recover from the guarantor the amount of the debt before the expiration of the credit agreement, as it was impossible to establish the actual performance of the obligations of the debtor to him.

When applying to the court for the recovery of the debt from the surety, consider the jurisdiction of cases. If the Bank files a claim against the guarantor is a legal entity, such a case will be referred to arbitration. If a suit is brought against an individual, you should apply to a court of General jurisdiction.