Guaranteed for someone: do you really have to pay now?
A guarantee is quickly signed, but it can get expensive: you are liable for someone else's debts. Nevertheless, you do not have to pay in every case. With close attachment and financial overburdening, a guarantee can be invalid.
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What you should do now
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1. Check the guarantee
Look at the form, scope and type (self-debtor?) of the guarantee.
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2. Check overburdening
Were you grossly financially overburdened when you signed, and a close relative without your own interest?
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3. Raise objections
Assert possible objections (immorality, settlement of the main debt) in writing.
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4. Get advice
The validity of a guarantee is complex; seek legal advice before you pay.
Frequently asked questions
Do I always have to pay as a guarantor?
Not necessarily. In principle you are liable for the guaranteed debt (§ 765 BGB), with a self-debtor guarantee even directly. But a guarantee can be invalid, for example due to immorality, if a grossly overburdened close relative without their own economic interest guaranteed solely out of emotional attachment. You should have this checked before you pay.
When is a guarantee immoral?
Above all if a close relative without income or assets (for example a spouse or adult child) takes on a guarantee that grossly overburdens them financially, and this happened solely out of emotional attachment. The courts have declared such guarantees void in certain constellations. A legal review of the individual case is very important here.
Take action now
We put together the ready-made texts and the right places to contact for you.
General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.