Judgment remaining in force for use of surety or other person
making payment
Sec. 5. (a) This section applies to a:
(1) defendant-surety in a:
(A) judgment;
(B) special bail; or
(C) replevin bail;
(2) surety in a delivery bond or replevin bond; or
(3) person who is a surety in any undertaking.
(b) This section does not apply to a sheriff, officer, or surety
providing bond in an official capacity who:
(1) fails to pay over money collected; or
(2) wastes property upon which the sheriff, officer, or surety
has levied.
(c) When a person described in subsection (a):
(1) is compelled to pay a judgment, or part of a judgment;
(2) makes any payment which is applied to a judgment by
reason of the person's suretyship; or
(3) is compelled, by reason of a default of a sheriff, officer or
surety providing bond in an official capacity, to pay a judgment,
or part of a judgment;
the judgment is not discharged by the payment.
(d) However, the judgment remains in force for the use of the bail,
surety, officer, or other person making the payment, and after the
plaintiff is paid, so much of the judgment as remains unsatisfied may
be prosecuted to execution for use by the person making the
payment.
As added by P.L.1-1998, SEC.17.
Last modified: May 24, 2006