Best friend wants to take a cash loan for several years, and asks you to speak his surety to the bank. The man he is, of course, a very decent, but it is a sum with many zeros! It is known also, that in the event of insolvency of a comrade, the guarantor is financially responsible to the bank. And agrees not want to, and it is difficult to deny - so because you can hurt a good man. What we can do?
Civil Code provides: "In case of nonperformance or improper performance of the obligations secured by a guarantee by the debtor and the surety debtor jointly and severally liable to the creditor, unless the law or the contract of guarantee is not provided vicarious liability of the guarantor.
Guarantor shall be liable to the creditor in the same volume as the debtor, including interest payments, reimbursement of legal costs of debt collection and other losses of the lender, fulfillment or improper fulfillment of obligations of the debtor, unless otherwise provided by the contract of guarantee. "
You should understand what each takes money to evaluate its ability to pay and then:
Friends are learned in trouble. And maybe people now really need your help. Think about a situation where you too need to take credit (for an apartment, a car) and will need a guarantor. Who do you go, how not to friends?
Let's see what is in fact a guarantee. You become a guarantor for a bank client's solvency, of which the bank wins. The client gets the credit - his interests also satisfied. A guarantor bears the financial risk getting nothing in return.
Under current law, the bank has every right in the case of loan default submit claims to both the debtor and the guarantors to the solidarity of the order. This means that the entire debt may collect from you through forced bailiff service, and only then you will be in the order of recourse to recover this amount through the court with another, once considered the best.
"If you want to lose a friend - to lend him money."
"I share a friendship and financial affairs!"
"Friendship ends where it begins the cash nexus."
"Friendship, friendship, and money apart!"
Say that the surety - not your profession, you do not understand this and therefore can not give him such a service. Respond quickly and easily to put the question to you a firm "no." Once you become a guarantor, you begin to feel their dependence on everything that happens in the life of this man, loses the rest, you gradually destroys the uncertainty of their own future. After all, if you agree, necessarily appears unnecessary headache, credit then your friend will not pay quickly, so if you are ready, maybe ten years, to be in constant tension?
If you are afraid of offending people - motivate its refusal by the following:
1. It is possible that you will need to take out a loan, the maximum amount it will pay out of your monthly income, which is calculated by the following formula: "salary accrued - (taxes paid + alimony + average monthly withholding payment of the loan by 50% of the average monthly payment on of the guarantee). In other words, your guarantee of a significant impact on the size of the loan.
2. Encourage a friend to turn to another bank - there are banks that loan without guarantors. Instead of guarantee they insure life and disability of the borrower, give a loan against anything owned by the borrower (car, apartment). And a good friend - risking his property, he is afraid, and you expose it costs nothing.
3. Invent a beautiful refusal. For example, "I am a guarantor in such and such, recently met, he urgently needed money. In two or three places you can not be a guarantor, the bank say they will refuse to grant a loan. "
4. Refuse, referring to something original, and it is difficult to argue (eg, religion does not allow, or the stars in the sky urges to refrain from any monetary transactions).
If you decide to answer "no", in any case, do not expose yourself remorse. You did nothing wrong. Where there is money, there is no place of friendship. Only payment (cold and clear). If this is really a friend, he will give you the right to choose and correctly understand your refusal.
Summary: When financial issues the following formula: if the sum unimportant to you - it can take risks. But do not take chances with what you have or what you have is "all", or at least a small part of the "whole".