Legal Question in Banking Law in India
Guantor's Liability
I acted as a guarantor with two other people for a colleague's loan and now he has defaulted. The chit fund company is asking me to pay the entire amount to avoid taking this matter to court. What are my options in this case? Can i pay only what is my portion of the liability & insist that the company contact the other two guarantors for the rest? What happens if the other people are not traceable or unwilling to pay? Pls advise
5 Answers from Attorneys
Re: Guantor's Liability
You should pay and recover the money from the other guarantors.
Re: Guantor's Liability
The lender is entitled to recover from all or any of the borrowers/guarantors.
If you are made to pay, you may recover the same from the borrower.
However, you may not be able to avoid the liability nor you may insist upon proportionate payment.
Re: Guantor's Liability
Everything depends upon lender but if you pay total amt you can recover the same from borrower and other gurantors.
Re: Guantor's Liability
The chit company can recover the whole amount from you alone. The best thing for you is to pay the dues and you get subrogated to the rights of the chit company and can sue the main borrower and other guarantors for the amount you paid. No question of apportioning the amount among the guarantors. Each is liable for the whole amount. If they are not traceable, you lose, that is all. If you have their last known address, after satisfying the chit company, receive from them all the documents and file a suit against the main borrower and other guarantors.
Re: Guantor's Liability
all you guarantors are jointlyy and severally liable to pay the amount
Related Questions & Answers
-
Cheque Bounce: Reason not valid Hi, I have recently posted a same thread regd this.I... Asked 6/14/09, 7:58 am in India Banking Law
-
Dishonouring of cheques ref: section 138 of NI Act, is it lawful to stop payments... Asked 6/12/09, 8:32 pm in India Banking Law
-
Security For Loan Sir, can you kindly suggest me what security can I obtain for... Asked 6/12/09, 5:17 am in India Banking Law
-
Cheque bounce I have joined in a vacation club by paying Rs. 20000/-. After payment... Asked 6/12/09, 1:31 am in India Banking Law
-
SARFAESI Auction Land Dear Sir, Can we sanction loan for a property which was... Asked 6/11/09, 2:22 am in India Banking Law