Recourse (regres)

Also known as recourse, recourse claim, right of recovery, regreskrav, tilbagesøgning

Recourse is the right to pass the claim on to someone else — for instance the guarantor's claim against the principal debtor once the guarantor has paid.

In practice

Where a guarantor has paid your claim, they step into your rights against the principal debtor. The claim does not disappear — it changes owner.

For you, the matter ends when you have the money. For the guarantor, it begins.

Where it commonly goes wrong

  • Failing to hand over the documentation to whoever paid. They need it in order to pursue their claim for recourse — and it may well be a condition of the agreement.
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