Short answer. You can go after either your friend who asked you to guarantee the loan, or the debtor directly — whichever you choose. Article 2072 of the Civil Code gives you this choice once you have actually paid the debt. You are not limited to one or the other.

What the law says

If one, at the request of another, becomes a guarantor for the debt of a third person who is not present, the guarantor who satisfies the debt may sue either the person so requesting or the debtor for reimbursement.

Civil Code, Article 2072 — Guaranty at Another's Request. Read the full provision →

Two people you can sue — and you choose

Article 2072 addresses exactly your situation: someone else asked you to step in as guarantor for a borrower you may not even know personally. Once you pay the creditor, the law gives you two targets for reimbursement. You can pursue the friend who recruited you — the person who made the request — or you can go directly after the debtor whose loan you paid. Either route is legally valid, and you are free to choose whichever one is more practical.

Why the law creates this option

When you guaranteed a debt at someone else's request, you did a favour for that person as much as for the debtor. The recruiter brought you into the arrangement and implicitly accepted responsibility for your exposure. At the same time, the debtor remains primarily liable for the underlying debt. It would be unfair to leave you with only one avenue — especially if the debtor has disappeared or has no assets, or if your friend has better means to repay you. The law recognises both obligations and lets you act on whichever is realistic.

The condition: you must have actually paid

The right to reimbursement under Article 2072 arises when the guarantor satisfies the debt. This means you must have genuinely paid the creditor. If you are still negotiating or have not yet paid, you may have other remedies available to protect yourself, but the specific reimbursement right under this article is triggered by actual payment. Keep proof of payment — receipts, bank records, or an acknowledgment from the creditor — because you will need this documentation when you pursue recovery.

Choosing between the recruiter and the debtor

In practice, the right choice depends on who is reachable and who has money. Your friend who asked you to be a guarantor may be more accessible and may feel a stronger personal obligation to make you whole. The actual debtor, on the other hand, was the one who benefited from the loan and carries the primary duty to repay it. You are not required to sue both at once; you can proceed against either one and pursue the other later if recovery falls short. A lawyer can help you assess which target gives you the better chance of actually collecting.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.