Under the new amendments, when a debtor defaults, a creditor is required to notify the debtor's guarantor within 60 days of the default.
If the creditor fails to give such notice, it cannot recover interest, costs and expenses from the guarantor that were incurred after the 60 days. The present law, in comparison, does not contain any notice requirements.
Furthermore, under the new law, the creditor cannot demand the guarantor to immediately pay the debt until the notice reaches the guarantor. The present law allows creditors to immediately demand performance from the guarantor when the debtor defaults.
Another key change involves a guarantor's liability for the debt. The new law states that contracts imposing joint liability between a debtor and guarantor will be void. The present law contains no such prohibition.
Under the present law, if a debtor defaults and the guarantor fails to voluntarily satisfy the debt, the creditor has the option to enforce the guarantee by filing a claim against the guarantor. Only the guarantor — and not the debtor — would be answerable for the debt. Such joint liability is especially useful when the debtor has no assets, which is often the reason why a guarantee arrangement is made in the first place.