If you are forced to sign as a guarantor, you don't have to take responsibility. According to the current law, the joint liability guarantee contract signed by coercion or threat is invalid. The parties may directly apply to the court or the relevant arbitration institution for modification or cancellation. When the court and the arbitration institution verify that it is coercive, the joint liability will be cancelled.

Legal analysis

Generally speaking, if the guarantee agreement is signed under duress, or there are serious mistakes or serious violations of public order and good customs, the victim or the parties may directly apply to the court or arbitration institution for cancellation. The law clearly stipulates that the qualification of the guarantor stipulates that the guarantor must be a person who has the ability to pay off debts on his behalf. In any of the following circumstances, the guarantor shall not bear civil liability: (1) The parties to the main contract collude to defraud the guarantor to provide a guarantee. (2) Contract creditors use fraud, coercion and other means to make the guarantor provide a guarantee against the true meaning. According to the relevant regulations, the debtor of the main contract uses fraud, coercion and other means to make the guarantor provide a guarantee against his true meaning. If the creditor knows or should know the facts of fraud and coercion, the guarantor will not bear civil liability.

However, if the debtor and the guarantor cheat the creditor and conclude the main contract and the guarantee contract, the creditor may request the people's court to cancel it. If losses are caused to creditors, the guarantor and the debtor shall be jointly and severally liable for compensation.

legal ground

People's Republic of China (PRC) Civil Code

Article 150 If one party or a third party coerces the other party to carry out a civil legal act against its true meaning, the coerced party has the right to request the people's court or an arbitration institution to cancel it.

Article 151 If a party takes advantage of a person's danger and lacks judgment, resulting in obviously unfair when a civil juristic act is established, the injured party has the right to request the people's court or an arbitration institution to cancel it.

(1) The party concerned fails to exercise the right of cancellation within one year from the date of knowing or should have known the reason for cancellation, and within 90 days from the date of knowing or should have known the reason for cancellation; (2) The party concerned is coerced and fails to exercise the right of cancellation within one year from the date when the coercion is lifted; (3) After the parties know the reasons for cancellation, or explicitly give up the cancellation right by their own actions. If the party concerned fails to exercise the right of cancellation within five years from the date of the civil juristic act, the right of cancellation shall be extinguished.