What You’ll Learn in This Article

• The difference between a guarantor and a co-debtor

• Why you may face enforcement even if you didn’t borrow the money

• Whether creditors can go after you instead of the main debtor

• Why you must keep track of the primary debtor’s behavior

• How a lawyer can help protect your rights

⚖️ Legal Explanation

A co-debtor shares equal responsibility for a loan. The creditor can choose to enforce payment from either party. If one doesn’t pay, the other is fully liable.

A guarantor, on the other hand, provides a backup obligation – they’re required to pay only if the main debtor defaults. But once that happens, the creditor may initiate enforcement directly against the guarantor.

If a final enforceable title exists (such as a court decision or notarial deed with consent to enforcement), enforcement can proceed without further court proceedings – even against guarantors or co-debtors, if their obligation is clearly stated.

👥 Real-Life Example

A client had signed as a guarantor for her former partner. After they broke up, she was left raising a child alone and had no idea he had stopped making payments. Then came the enforcement – directly against her account. Upon review, we discovered outdated documents with incorrect information. We successfully filed a motion to stop enforcement and later obtained exemption from legal costs.

⚠️ Risks and Common Mistakes

• ❌ Signing as a guarantor without fully understanding the consequences

• ❌ Co-debtors failing to monitor the primary debtor’s payments

• ❌ Guarantors not keeping copies of contracts and communications

• ❌ Ignoring early warning signs and reacting only after enforcement begins

• ❌ Creditors often target the “easier” party to collect from

👩‍⚖️ Lawyer’s Recommendation

If you’ve guaranteed a loan or signed as a co-debtor, check regularly to ensure the debt is being paid. If enforcement hits you, it’s crucial to analyze the legal basis of the creditor’s actions – and consider objections or a motion to stop enforcement. Every case is different – legal advice can make the difference between losing your assets and stopping enforcement.