the third party and the creditor agree that when the debtor fails to perform the debt, the guarantor will perform the debt or assume the responsibility according to the agreement. The third party here is the guarantor, including legal persons, other organizations or citizens who have the ability to pay off the debt on their behalf.
when the debtor is unable to repay the debt, the creditor has the right to ask the guarantor to repay it. And creditors have the right to sue.
prosecution is the act of bringing a lawsuit to the court according to law and requesting the court to try a specific case. Prosecution in the civil procedure law refers to the litigation behavior that the subject of civil legal relationship requests the court for trial protection in his own name because his own or the civil rights and interests managed and controlled by him according to law are violated or there is a dispute with others. If you want to sue, you usually need to submit a complaint to the court. The contents of the complaint generally include: the detailed information of both the original defendant and the defendant; The claim and the facts and reasons on which it is based; Evidence and sources of evidence, names and residences of witnesses. After the indictment is submitted to the court, if it meets the conditions for prosecution, the court shall file a case within seven days and notify the relevant parties.
if the debtor fails to perform the obligations of the judgment within the specified time after the judgment of the prosecution court, it may apply for enforcement.
civil execution, also known as civil enforcement, refers to a litigation activity in which the enforcement organization of the people's court uses the coercive power of the state to force the obliging party to perform its obligations when it refuses to do so, so as to realize the contents of effective legal documents.
enforcement has the following characteristics: firstly, enforcement is only an act carried out by state organs. Executive power is a public power of the state, which can only be exercised by state organs, but not by other units or individual citizens. In China, the people's court is the state organ that exercises executive power. Secondly, the enforcement activities of the people's courts must be based on effective legal documents. And the enforcement activities of the people's courts are mandatory. Finally, the enforcement activities of the people's courts must be carried out in accordance with legal procedures.
The indemnificatory enforcement measures in civil enforcement mainly include: court search, handling relevant property right license transfer procedures, compulsory payment of delayed interest or delayed payment, and continued performance.
therefore, the guarantor must be present to sign.
Legal basis
Article 188 of the Civil Code of the People's Republic of China * * * General limitation of action and the longest period of protection of rights The limitation of action for requesting protection of civil rights from the people's court is three years. Where there are other provisions in the law, such provisions shall prevail. The limitation period of action shall be counted from the day when the obligee knows or should know that the right has been damaged and the obligor. Where there are other provisions in the law, such provisions shall prevail. However, if more than 2 years have passed since the right was damaged, the people's court will not protect it. Under special circumstances, the people's court may decide to extend it according to the application of the obligee.
article 249 of the civil procedure law of the people's Republic of China, if the person subjected to execution fails to perform the obligations specified in the legal documents according to the notice of execution, the people's court has the right to inquire about the deposit, bonds, stocks, fund shares and other property of the person subjected to execution from the relevant units. The people's court has the right to seize, freeze, transfer or change the price of the property of the person subjected to execution according to different circumstances. The property inquired, seized, frozen, transferred or changed in price by the people's court shall not exceed the scope of the obligations that the person subjected to execution shall perform. When the people's court decides to seize, freeze, transfer or change the price of property, it shall make a ruling and issue a notice of assistance in execution, and the relevant units must handle it.
article 123 of the civil procedure law of the people's Republic of China * * * a complaint shall be submitted to the people's court for prosecution, and a copy shall be submitted according to the number of defendants.
if it is really difficult to write a complaint, it can be brought orally, which will be recorded by the people's court and the other party will be informed.