Georgia Code, Title 10, Chapter 7, Article 3 - Rights of Surety Against Principal, Cosureties, and Third Persons
- § 10-7-40 - Attachment Against Principal
A surety or endorser is entitled to the process of attachment against his principal before payment of the debt under the same circumstances as...
- § 10-7-41 - Action for Money Paid, Interest, and Costs -- Right of Surety or Endorser
Payment by a surety or endorser of a debt past due shall entitle him to proceed immediately against his principal for the sum paid,...
- § 10-7-42 - Action for Money Paid, Interest, and Costs -- Effect of Judgment Against Surety
If the payment was made after judgment and the principal had notice of the pendency of the action against the surety, the amount of...
- § 10-7-43 - Action for Money Paid, Interest, and Costs -- Recovery of Usury Paid by Surety
If the contract was originally usurious and the surety in making payment includes the usury, he shall recover the same from the principal unless...
- § 10-7-44 - Foreclosure of Mortgage or Enforcement of Security Given by Principal
If the principal executes any mortgage or gives other security to the surety or endorser to indemnify him against loss by reason of his...
- § 10-7-45 - Proof of Suretyship -- by Parol
If the fact of suretyship does not appear on the face of the contract, it may be proved by parol, either before or after...
- § 10-7-46 - Proof of Suretyship -- After Judgment
If judgment has been rendered without such proof of suretyship, the surety shall give at least ten days' notice to his principal of his...
- § 10-7-47 - Control of Execution and Judgment by Surety -- Subrogation to Plaintiff's Rights
Any surety on the original contract, or on stay of execution, or on appeal, or in any other way, or the representative of a...
- § 10-7-48 - Control of Execution and Judgment by Surety -- When Sued Separately
If the surety is sued separately from his principal, on payment by him of the judgment against him, he shall be entitled to control...
- § 10-7-49 - Payment Pending Action; Judgment for Plaintiff for Use of Surety
If the surety pays off the debt pending the action against the principal and himself or against the principal alone, such payment shall operate...
- § 10-7-50 - Compelling Contribution -- After Paying More Than Equal Share; Effect of Surety's Insolvency
Where several are sureties for the same principal for the same sum of money, either by one or by distinct instruments, and one pays...
- § 10-7-51 - Compelling Contribution -- Interest on Sum Recovered As Contribution
The sum recovered as contribution shall bear interest from the time the original obligation was paid by the surety and shall be deemed and...
- § 10-7-52 - Compelling Contribution -- Duty to Account for Indemnification From Principal; Compelling Transfer of Security From Principal
A surety suing for contribution must first account for all money or other things received from the principal to indemnify him against loss; and,...
- § 10-7-53 - Compelling Contribution -- Controlling Action on Debt and Judgments Therein
Code Sections 10-7-40 through 10-7-49 shall apply to cases where there is more than one surety, so as to enable a surety discharging a...
- § 10-7-54 - Endorser's Right to Control Judgment on Debt and Execution Thereon
Every endorser who shall pay off and discharge the debt on which he is endorser, either pending the action or after judgment, whether the...
- § 10-7-55 - Protection of Bona Fide Purchasers When Surety Controls Judgment
When the surety does not appear to be such in the judgment and execution, the lien of such judgment, when controlled by the surety,...
- § 10-7-56 - Subrogation to Rights of Creditor -- Priority of Claim
A surety who has paid the debt of his principal shall be subrogated, both at law and in equity, to all the rights of...
- § 10-7-57 - Subrogation to Rights of Creditor -- As to Securities Held by Creditor
A surety who has paid the debt of his principal shall also be entitled to be substituted in place of the creditor as to...
Last modified: October 14, 2016