The guarantor does not have the conditions for litigation before it actually assumes the guarantee liability.
1. The debtor cannot sue in advance if the creditor's rights are not due: Article 206 of the "Contract Law" stipulates: "The borrower shall return the loan within the agreed period. There is no agreement on the loan period or If the agreement is not clear and cannot be determined according to the provisions of Article 61 of this Law, the borrower may repay it at any time; the lender may urge the borrower to repay it within a reasonable period. "This provision clarifies that both parties have a right to repay the loan. If agreed upon, it shall be performed according to the agreed time limit. The lender shall not arbitrarily require the borrower to repay the loan before the expiration of the performance period, unless the borrower agrees; if the agreed performance period has not expired and the lender requires repayment, the borrower may refuse to repay.
2. Based on the actual situation that the guarantor understands, it is best for the guarantor to negotiate with the creditor to understand the actual situation of the debtor, negotiate for additional mortgages, guarantees and other other credit enhancements, and try to avoid the debtor’s In case of failure to perform, once the debtor is unable to perform, the guarantor will bear the guarantee risk.