If the credit card is overdue, the bank can sue the guarantor

We all know that if a credit card is overdue and overdraft is not returned, the cardholder should be responsible for paying off the debt. In fact, if it is not a credit card holder, it may also cause trouble, such as a credit card guarantor. If the cardholder fails to return the card within the time limit, the card issuing bank has the right to require the cardholder and the guarantor to bear the responsibility, so it is risky to provide guarantee for others. What is the legal liability of the credit card guarantor? Now let's follow Lawyer Zhang Ying to understand!

　　 1: Legal liability of credit card guarantor

1. Legal liability

(1) The guarantee is generally divided into general guarantee and joint liability guarantee. First of all, it depends on whether the guarantee agreed upon when the guarantor signed the guarantee contract with the card issuing bank was joint and several liability guarantee or general liability guarantee. If there is no agreement on the guarantee method or the agreement is not clear, the guarantor shall be liable according to joint and several liability.

(2) If it is a joint and several liability guarantee, the guarantor shall bear joint and several liability for payment.

(3) If it is a general guarantee liability guarantee, the guarantor will be liable when the cardholder cannot repay the debt.

2. Defense and excuse

(1) The card issuing bank failed to track the malicious overdraft of the card holder, failed to control it in time, and failed to stop payment quickly, which led to the card holder's wanton overdraft consumption. The guarantor can use this as a defense and refuse to assume all the guarantee responsibilities.

(2) If the card issuing bank fails to notify the guarantor and ask for the guarantor's opinions when the card is replaced, the guarantor will not be liable.

　　 2: Risk prevention measures for credit card guarantee

When it comes to money, you should be cautious about how intimate your daily contacts are. Here are some risk prevention measures for securing others' cards:

1. Ask the bank about the income of the cardholder, and retain the evidence of the inquiry. If the bank makes false statements about the income of the cardholder and swindles the guarantee, the guarantor may not assume the guarantee liability.

2. When providing guarantee, the guarantor shall ask the bank for the relevant information filled in by the cardholder when handling the card and the written materials verified by the bank to ensure the accuracy of the borrower's information and the performance of the bank's review obligation.

3. The creditworthiness and repayment ability of the cardholder should be examined in many ways.

4. Specify the guarantee mode, and it is better to choose general guarantee.