1. Can the guarantor’s pension be enforced?

Retirement benefits can be enforced.

Basic pensions are the "living money" to protect retirees. Whether retirees can receive pensions in full and on time is directly related to the legitimate rights and interests of retirees and social stability.

At the same time, before the basic pension is distributed to retirees, it still belongs to the pension insurance fund, and no unit may seize, freeze or deduct it.

The Supreme People’s Notice on No Seizure, Freezing and Deduction of Social Security Funds in the Trial and Enforcement of Civil and Economic Cases (Fa [2000] No. 19) also made corresponding provisions in this regard.

As a legally authorized social insurance fund revenue and expenditure, management and operation agency, social insurance agencies are responsible for disbursing basic pensions to retirees in full and on time. Social insurance agencies cannot The basic pension of retirees will be directly withheld to offset the judgment debt.

Article 243 of the Civil Procedure Law (2012)

If the person subject to execution fails to perform the obligations specified in the legal document in accordance with the execution notice, the people have the right to detain and extract the person subject to execution A person should fulfill his obligations as part of his income. However, the necessary living expenses of the person subject to execution and his dependent family members shall be retained.

2. Regarding the issue of deducting the guarantor’s salary

This approach is of course illegal. No matter what kind of guarantee your husband provides, financial institutions have no right to deduct all of your wages. Because even if you are jointly and severally liable, you can be asked to repay through other methods, but the premise is that your normal source of livelihood must be guaranteed. The top priority is that you must clearly state your views and attitudes to the credit union, and also reach an agreement with the guaranteed person, otherwise you will indeed face the possibility of your deposits being frozen or your property being executed. I hope you can handle it properly and not cause any losses to yourself.

3. Will the guarantor’s salary be deducted for life?

Legal analysis: No. Generally no more than six months, except under special circumstances. The period for people to freeze the bank deposits and other funds of the person subject to execution shall not exceed six months, the period for sealing up or detaining movable property shall not exceed one year, and the period for sealing up real estate or freezing other property rights shall not exceed two years. Unless otherwise provided by law or judicial interpretation. If the person applying for execution applies for an extension of the time limit, the people shall go through the procedures for renewal of the seal, seizure, or freeze before the expiration of the seal, seizure, or freeze period, and the renewal period shall not exceed one-half of the period specified in the preceding paragraph.

Legal basis: "The People's Republic of China and the Civil Code"

Article 387: In order to ensure the realization of its creditor's rights in civil activities such as lending and buying and selling, creditors shall If security is required, security interests may be established in accordance with the provisions of this Law and other laws. If a third party provides a guarantee for the debtor to the creditor, it may require the debtor to provide a counter guarantee. Counter guarantee shall be governed by the provisions of this Law and other laws.

Article 388 To establish a security right, a security contract shall be concluded in accordance with the provisions of this Law and other laws. Guarantee contracts include mortgage contracts, pledge contracts and other contracts with guarantee functions. The guarantee contract is a subordinate contract to the main creditor's rights and debts contract. If the principal creditor's rights and debt contract is invalid, the guarantee contract shall be invalid, except as otherwise provided by law. After the guarantee contract is confirmed to be invalid, if the debtor, guarantor and creditor are at fault, they shall each bear corresponding civil liability according to their faults.

4. If you owe a loan to a credit union and have been charged for more than three years, will the guarantor’s salary be deducted?

If you owe a loan to a credit union and have been charged, if If you start deducting money, it will continue until you pay off the loan