How to write the joint liability of the guarantor?

When writing a guarantee receipt, you need to pay clear attention to the following points:

1, indicating the identity information of the guarantor for recourse when the debt is overdue;

2 clearly indicate the words "the guarantor shall bear joint and several liability guarantee" and indicate the guarantee period; According to the law, the creditor and the guarantor may agree on the guarantee period, but if the agreed guarantee period expires before or at the same time as the main debt performance period, it is deemed that there is no agreement; If there is no agreement or the agreement is unclear, the guarantee period shall be six months from the date of expiration of the main debt performance period.

3. Indicate the scope of guarantee. In addition to the principal and interest, the guarantor shall also be liable for the expenses incurred in pursuing the creditor's rights, including attorney's fees.

Joint and several liability guarantee is a guarantee method agreed by the guarantor and the principal creditor in the guarantee contract and presumed by law. As a kind of guarantee, the parties should clearly stipulate joint and several liability guarantee in the guarantee contract. However, according to the law of our country, if the guarantor and the guarantor have not made an agreement on the joint and several liability guarantee and the general guarantee or the agreement is unclear, it is presumed to be a joint and several liability guarantee.

The borrower needs a guarantor to provide a guarantee, and the joint liability of the guarantor needs to be clear in the loan. The following is how to write the notes that the guarantor of the IOU should be jointly and severally liable:

1. Identify the identity of the guarantor: the identity and basic information of the guarantor, such as name, ID number, home address, etc. , need to be identified in the IOU;

2. Determine the guarantee method: the guarantee method includes mortgage, pledge and guarantee. , and need to specify the guarantee method in the IOU, describing the nature, quantity and value of the collateral;

3. Clarify the joint and several liability of the guarantor: The joint and several liability of the guarantor for the loan needs to be clarified in the receipt, that is, when the borrower fails to perform the loan obligation, the guarantor should also bear the corresponding liability, and the scope, term and method of the joint and several liability need to be specified in detail;

4. Pay attention to laws and regulations: you need to abide by the relevant laws and regulations in the IOUs to ensure that the IOUs are legal and valid;

5. Pay attention to the method of debt settlement: the method of debt settlement can be stated in the IOU. For example, the borrower should repay the loan principal and interest before the loan expires. In case of overdue repayment, the Guarantor shall be jointly and severally liable for repayment after receiving the written reminder from the Borrower.

To sum up, when writing the joint liability of the IOUs guarantor, it is necessary to clarify the identity, guarantee method and joint liability of the guarantor, abide by the relevant laws and regulations, pay attention to the way of paying off debts, and ensure the legality and effectiveness of IOUs. At the same time, for the guarantor, it is necessary to carefully consider and weigh the risks and interests to avoid unnecessary economic losses caused by the guarantee.

Legal basis:

Article 688 of the Civil Code of People's Republic of China (PRC)

If the parties agree in the guarantee contract that the guarantor and the debtor shall be jointly and severally liable for the debt, it is a joint liability guarantee.

When the debtor of joint and several liability guarantee fails to perform the due debt or the circumstances agreed by the parties occur, the creditor may require the debtor to perform the debt, or may require the guarantor to assume the guarantee liability within the scope of its guarantee.