Securing a Claim with a Guarantor: When the Debtor Fails, Turn to the Guarantor
You lent money, issued an invoice, signed a contract — and as a safety measure, you asked for a guarantor. But the debtor has stopped paying. While they keep promising to “send something next week,” months have passed. Can you still do something? Yes — and in this case, you have a powerful tool: the guarantee.
🔗 Article guide: Full Debt Collection Process
Want to learn about the full debt recovery process? Start here:
👉 Debt Collection – Full Guide
How to recover a debt from a guarantor? When and how to contact the guarantor? What must be included in a guarantee contract? Can a guarantor refuse payment? And how to enforce a guarantee in court? We break it all down in the article below.
📖 Expert Explanation
1. What Is a Guarantee and How Does It Work
A guarantor commits to fulfilling a debt if the debtor fails to do so. It’s a strong tool for the creditor — if the debt is due and unpaid, the creditor can claim payment directly from the guarantor. This can be done even without first suing the debtor.
2. How to Recognize a Valid Guarantee Agreement
A guarantee must be in writing. It must clearly show that the guarantor understands the obligation and the nature of the debt. A general statement is not enough. Guarantees are often attached to contracts or drafted separately as a guarantee declaration.
3. When and How to Turn to the Guarantor
Once the debt is overdue, the creditor can send a written demand to the guarantor. It’s best to send the notice via registered mail or with proof of delivery. If the guarantor refuses to pay, a lawsuit can be filed directly against them — which often has a better success rate than suing the debtor.
4. What If the Guarantor Refuses to Pay
A guarantor might challenge the validity of the guarantee, claim ambiguity, or argue it was only “symbolic.” That’s why having a properly drafted document is critical. The court will examine both the wording and the circumstances under which it was signed.
5. Risk of Limitation
The limitation period for guarantees is the same as for the main debt — typically three years from the due date. If the creditor waits too long, the guarantor can raise the statute of limitations, and the creditor may lose the right to claim.
🚨 Case Example
Mr. K. sold building materials to a small company. Three months later, they owed him CZK 150,000. The managing director kept stalling. But the contract was co-signed by the director’s father as a guarantor. A lawyer prepared a demand and then a lawsuit. The guarantor paid the full amount to avoid enforcement. The contract and signature were clear.
✅ Lawyer’s Recommendation
If you have a guarantor, don’t waste time. A guarantee is a strong legal instrument — if properly drafted, it can open the door to fast payment. Don’t just wait for the debtor. Guarantors are often more solvent and more willing to negotiate.
Have a guarantor but not sure how to proceed? Unsure if your guarantee is valid? Get in touch — we’ll go over your options and prepare the next steps.
Contact a legal professional – I specialize in debt collections.
Learn more here.
- Publikováno:
- Naposledy aktualizováno: 15/07/2025
Do you want to know more?
Securing a Claim with a Guarantor: When the Debtor Fails, Turn to the Guarantor
Print You lent money, issued an invoice, signed a contract — and as a safety measure, you asked for a guarantor. But the debtor has