If the guarantors are sued, how can they fight the case?

✨ if the guarantor is sued in court, how can the case be fought? ✨

💬 first of all, you have to understand that if you sign as a surety and the first debtor does not pay the debt, the surety is liable (as I explained, let's look at it), but it does not mean that the surety is liable for the amount of the debt filed, the surety can fight it.

✅ first# Power to sue the guarantors

1️⃣). Must have a notice: The creditor must have a notice to the guarantor that the debtor has defaulted and that the guarantor has paid the debt within a specified period of time. Repeat that!! "Must have a notice" If there is no notice to the guarantor at all, the creditor has no authority to sue (according to Article 686, first paragraph).

Rule 3784 / 2019 When it does not appear that the plaintiff has a notice of question to the 2nd and 3rd defendants, the guarantors, in accordance with the provisions of Article 686, paragraph one, provided to protect the rights and ensure fairness of the guarantors who are not the first debtors, as follows: In any case, the plaintiff will call the 2nd and 3rd defendants to pay their debts before the notice to the 2nd and 3rd defendants.

2️⃣). Age of limitations; the creditor must sue the guarantor within 10 years of the date of the debtor's default; if the creditor sues the debtor over such period, the guarantor can raise this fight under section 193 / 30.

✅ number two.# Let the fight to cut the debt down

1️⃣). Over 60 days notice; in the case of a creditor, a notice has been issued to the guarantor, but over 60 days since the date of default of the initial debtor, the guarantor has been freed from interest liability, claims and servitude after 60 days, but is still responsible for the president's debts and interest / claims incurred within the first 60 days, thus providing a lower number than the indictment page, in accordance with Article 686, paragraph 2.

✅ number three.# Lift the debtor joint

1️⃣). Among the debtors' disputes (such as debt suspension, president debt lack of age, debtor does not break contract / does not commit tort, debt acquittal payment, creditor releases debt), the guarantor can raise the debtor's arguments against creditors in accordance with section 694.

Ahem!! (secretly whispering) The guardian was sued. There is no prison sentence.

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