In the presented article, the analysis of the existing judicial practice approach to the problem directly related to the insufficiency of the property of the guarantor at the time when the contract of guarantee is concluded is analyzed. In practice, judges often proceed from the fact that the guarantor does not have enough property to complete the transaction at the time of the conclusion of the surety agreement, which is seen as signs of an imaginary transaction. Moreover, it is emphasized that this situation indicates that subsequently the guarantor will not be able to satisfy the requirements of the credit organization in whole or in part. However, this article undergoes a critical analysis based on a wide range of facts.