Q: I had unknowingly signed a personal guarantee of a loan taken by my husband for his general trading. I am liable to pay the debts when my husband has defaulted… A: If the original debtor fails, the guarantor is referred to and held accountable as if he/she were the original debtor…

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What should a guarantor do when the original debtor fails to pay?

Hello sir,

I hope you are doing well!

I had unknowingly signed a personal guarantee of a loan taken by my husband for his general trading.

Now I am liable to pay the debts when my husband has defaulted even though I was not a partner or related in the company.

I am a housewife with no source of income and have no assets or even bank accounts in Dubai under my name.

How can the court instruct me to pay the debt?

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Khaled Ebid

Laila Hamza Al Mulla Advocates and Legal Consultants

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27 Nov 2022, 10:08

Welcome,

I am sorry for the situation you are in now.

Unfortunately, the court does not care whether you have assets and property or not, because the guarantor is liable; meaning that if the original debtor fails, the guarantor is referred to and held accountable as if he/she were the original debtor.

Therefore, a lawyer must be appointed immediately to solve this problem, or your husband pays.

27 Nov 2022, 10:12

Appreciate your reply, sir!

My husband and I aren't together. The signed guarantee dates back to 2010. I had come to Dubai to look for work opportunities. Now, I am faced with this issue.

27 Nov 2022, 10:14

I can barely afford to live here for the past two years as they have imposed a travel ban on me.

How could a lawyer help my situation here even If I could even think of hiring one?

27 Nov 2022, 10:41

You can book a consultation and hold a meeting with the lawyer online, and he will determine with you how the procedures or settlement with the bank will take place and lift the travel ban for you.

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