Loan cases can only prosecute the guarantor

  Before answering this question, first you have to distinguish between the guarantor is general guarantee or joint liability guarantee.

 One, if the guarantor is general guarantor:According to the "Regulations of the people's Republic of China Security Law" article sixteenth: seventeenth: the parties agreed in the contract, the debtor is unable to discharge the debt, guaranteed by a guarantor, as a general guarantee.

 The guarantee in the main contract dispute without trial or arbitration, and the debtor's property law enforcement is still unable to fulfill the debt, the creditor may refuse to undertake the suretyship liability.

 Any of the following circumstances, the guarantor shall not exercise the right prescribed in the preceding paragraph:

(a) the change of domicile, the creditor requires its major difficult to discharge the debts;

(two) the people's court accepted the debtor's bankruptcy case, the suspension of execution procedure;

(three) the guarantor has waived in writing the right prescribed in the preceding paragraph.

 The general guarantor, the guarantor if only the prosecution, because that people enjoy the prelitigation demur right, so the creditor's rights cannot be realized.

 Two, if the guarantor is a suretyship of joint and several liability:According to the "Regulations of the people's Republic of China Security Law" article sixteenth: Eighteenth: the guarantor and the debtor shall bear joint and several liability for the debts of the guarantee contract, guarantee for the joint and several liability.

Joint responsibility to ensure that the debtor in the main contract debt discharge period expired not to fulfill the debt, the creditor may require the debtor to fulfill the debt, also may request the guarantor to assume guarantee liability within the scope of.

Article nineteenthThe parties to ensure that no agreement or the agreement is not clear, to assume the guarantee liability in accordance with the joint and several liability.

According to "the Supreme People's Court on the application of 'Guaranty Law of the people's Republic' interpretation of several issues" Twentieth: joint and several guarantees the debtor in the main contract debt discharge period expired not to fulfill the debt, the creditor may require the debtor to fulfill the debt, also can ask any of the guarantors bear full responsibility.
   The joint and several joint guarantee assume responsibility, to the debtor could not recover part, by the guarantor according to the agreed proportion. No agreement, share.
    According to "the Supreme People's Court on certain issues concerning the application of opinions" provisions of article fifty-third: "because of the guarantee contract lawsuit, the creditor to the grantor and grantee also claims rights, the people's court shall grantor and grantee as a co defendant creditors only; Sue the guarantor, unless the contract expressly agreed by the guarantor shall bear joint and several liability guarantee, the people's court shall notify the warrantee as a co defendant in the litigation; creditors only indicted by a guarantor, only the warrantee as the defendant".

According to the above method can break out: in the joint responsibility to ensure that the case, the plaintiff can only prosecute the cosigner.