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Surety Facing Loan Recovery Due to Borrower’s Default


04-Aug-2025 (In Recovery Law)
I was made a surety for a ₹1 lakh loan taken by a professor. He assured me I was only a guarantor and would not face any liability. Now, he has stopped paying the EMIs and I am receiving recovery notices from the lending society. I feel I was misled and pressured into signing. I want to avoid repaying the lender myself and instead want the borrower to fulfill his obligation. can I claim relief or protection from court? can i be removed or replaced as a surety legally?
Answers (1)

Answer #1
679 votes
Removing yourself as a guarantor from a loan is challenging but possible under certain conditions. As a guarantor, you’re liable for the loan if the borrower defaults, and removal typically requires the lender’s consent. Start by reviewing the loan agreement for any clauses allowing release. Contact the lender formally, explaining your reasons.
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