(a) In all cases where a person is surety or endorser upon an instrument of writing and the principal shall become subject to attachment according to Code Section 18-3-1, such surety or endorser may, upon complying with this chapter, have attachment against his principal. The proceedings shall be in all respects the same as in other cases of attachment, and the money raised by the attachment shall be paid to the person holding the instrument of writing.
(b) If the surety or endorser has paid the debt, then the money raised upon the attachment or so much thereof as will pay the amount the surety or endorser has paid shall be paid to the surety or endorser.
(c) In case the debt is not due at the time judgment is rendered against the principal, execution shall be stayed until the debt is due.
Section: Previous 18-3-1 18-3-2 18-3-3 18-3-4 18-3-5 18-3-6 18-3-7 18-3-8 18-3-9 18-3-10 18-3-10.1 18-3-11 18-3-12 18-3-13 18-3-14 NextLast modified: October 14, 2016