Legal analysis: as long as it is within the guarantee period, the guarantor should bear the guarantee responsibility. Whether it is within the warranty period needs to be determined according to the contract. No, the guarantor has the right to recover from the debtor after fulfilling the guarantee obligation. Therefore, the prosecution period should be counted from the time when the guarantee obligation is fulfilled. The time limit for prosecution of civil cases is 3 years. Therefore, the time limit for the guarantor to sue the debtor is three years after fulfilling the guarantee obligation. If the guarantee period stipulated in the guarantee contract is earlier than or equal to the performance period of the main debt, it shall be deemed as no agreement.

Legal basis: Article 188 of the Civil Law requires the people's court to protect civil rights for three years. Where there are other provisions in the law, those provisions shall prevail.

The limitation period of action shall be counted from the date when the creditor knows or should know that the right is damaged and the debtor knows it. Where there are other provisions in the law, those provisions shall prevail. However, the people's court shall not protect the rights that have been damaged for more than 20 years. Under special circumstances, the people's court may decide to extend the time according to the application of the obligee.