Rus News Journal

The guarantor under the credit is not the witness on wedding


Forty-year pskovichka Natalia - mum of three children, sits in a maternity leave. All in credits - to four banks should about 900 thousand roubles. One of its guarantors, mum of two children, works in the Pskov trading network. Already whole year from the salary in 25 thousand roubles ten it gives for Natalia. It is necessary to pay three hundred more thousand!

Natalia Husband - to it well matched. The sea of debts. And on one of credits for it the guarantor too has paid off - gave on 9 thousand, a salary floor.

Only across Pskov in service of court enforcement officers - 450 summary affairs on credit debts there are more. Protagonists - the borrower and two - three its guarantors. To someone « for that guy » It is necessary to pay four thousand roubles, and to someone - almost two million.

- Many very thoughtlessly append the signatures under credit contracts in bank, - the court enforcement officer - the executor of group on collecting of credit debts of the Pskov department Victoria Petrjakova speaks. - They think that this same what to witness on wedding. Has put the signature and walk!

But the witness for divorce young does not bear responsibility, and here - very much the other way.

Once in a mail box there is a decision from the court enforcement officer. And then he knocks at the door and calculation on debts of the ex-husband or the wife, the sister, the brother, the girlfriend, the colleague or the friend demands.

Owe to eighteen banks and lives for a mother-in-law`s bill

- Representatives of banks come to us with claims why nothing can be collected from debtors, - Victoria Petrjakova is indignant. - And we ask: « to Whom do you give credits? » here at me debtors - one is imprisoned for murder, at the second, except the refrigerator 30 - summer prescription, anything is not present, the third owes to eighteen banks and lives for a mother-in-law`s bill. And after all to them as - that was given by credits!

If the borrower does not extinguish the credit the bank demands a refund with percent from the guarantor. The bank rights are protected by point 1 of article 363 of the Civil code of the Russian Federation which says: « At default or inadequate execution by the debtor of the obligation provided with the guarantee the guarantor and the debtor respond before the creditor solidary … » That is, if has not extinguished one - will extinguish another.

Certainly, the guarantor has rights. Having paid off with another`s debt, it can collect through court with careless « the friend » the paid sum. Examples of such happy occurences are, truth is not enough. Court enforcement officers with summer have remembered only one. And it is no wonder! As a rule, from the person who and around should all, there is nothing to take.

Going to take the credit, calculate voi sliy
the Photo: from archive


it is concrete

Before to agree for a role of the guarantor, weigh all financial possibilities.

Credit payments, if something happens, should not cast you into a financial trouble or serious financial problems.

the Main rule: trust, but check! Without any offences against each other.

Glance in the passport « the applicant » that precisely the nobility where it is registered. Otherwise where for it to search?

Ask it to give official credit history (now it can be made through the Internet): can, it will appear the borrower - the speculator, at which « a hobby » - to take and not to give?

Receive from it the full information under the credit - to the sum, term, percent, penal sanctions. Keep in mind: if the sums considerable, on a judgement collecting can be directed on property of the guarantor.

Learn about the rights. They are fixed by articles 364 and 365 Civil codes of the Russian Federation.

Remember, delays of payments under credits form negative « credit history ». Many banks in « the black list » together with a loan recipient include also guarantors. And then - forget about reception of credits for itself.

append the signature under the contract, only having studied all circumstances and if you are assured of conscientiousness and stable solvency of the borrower. Otherwise you are waited by courts, loss of money and stresses.