Debt Collection
If I pay the debt as guarantor, can I recover the money from the borrower?
Yes. Under Section 12 of the Guarantee Law, once you pay a creditor as guarantor you are subrogated to all rights that the creditor had against the original debtor. This means you can sue the debtor for the full amount you paid, and you inherit any security interests (mortgages, liens, pledges) the creditor held. In practice, recovery depends on whether the debtor still has assets to pursue. If the primary debtor has filed for bankruptcy (*pshitat regél*), your recovery as an unsecured subrogated creditor may be limited to whatever is distributed to general creditors in the insolvency proceedings.
From the full guide: Personal Guarantor in Israel: Obligations, Rights & Risks
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Get a Free Consultation with Adv. Eli ShimonyPrepared under the direction of Adv. Eli Shimony, Eli Shimony Law Office · Editorial policy
Get a Free Consultation with Adv. Eli ShimonyPrepared under the direction of Adv. Eli Shimony, Eli Shimony Law Office · Editorial policy