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Defense of the guarantor

Problem encountered by the guarantor who signed a joint surety bond / deed of personnal surety (« acte de cautionnement”):

You have stood surety in order to guarantee a debt, probably by signing a surety bond / deed of personnal surety (« acte de cautionnement”).

For example, you are a company leader and have signed a surety bond to guarantee a bank loan. The aim was to allow your company to obtain financing.

You may also have stood surety for a friend or family member to secure a loan or lease.

Since the debt has not been paid by the original debtor, the bank is now asking you to pay pursuant to the your surety bond deed to you have signed.

Our intervention in favor of the guarantor:

Facing with this situation, our law firm is at your disposal to defend you.

Our defense consists in seeking the grounds likely to neutralize this request for payment.

Thus, the objective is to obtain the dismissal of the action for payment directed against you or, failing that, a reduction in the amount of money claimed by the creditor.

Under French law, numerous rules have been passed in favor of the persons who signed a joint surety bond / deed of personnal surety (« acte de cautionnement”).

These rules offer to the guarantor various ways to build its defense against the creditor’s claim. Indeed, these rules can have the effect of releasing the guarantor, sometimes completely, from its commitment.

You will find examples (in French) of the enforcement of these rules in our news’ pages.

You can contact us for any request for additional information using the form below.

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