Alabama § 8-3-2 Rights of Surety Who Has Paid Debt

Alabama Statutes

§ 8-3-2 — Rights of Surety Who Has Paid Debt

Alabama § 8-3-2

Title 8Commercial Law and Consumer Protection

Ch. 3Suretyship

Art. 1General Provisions

This text of Alabama § 8-3-2 (Rights of Surety Who Has Paid Debt) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ala. Code § 8-3-2 (2026).

Text

A surety who has paid his principal’s debt is entitled to a transfer of the original and collateral security which the creditor holds; he has all the rights to realize thereon and to reimburse himself to the same extent as the creditor might have done before the surety paid him, whether paid before or after judgment; and he shall be substituted for the creditor and subrogated to all his rights and remedies; in effect, he shall be a purchaser of the debt and all its incidents.

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A surety who has paid his principal’s debt is entitled to a transfer of the original and collateral security which the creditor holds; he has all the rights to realize thereon and to reimburse himself to the same extent as the creditor might have done before the surety paid him, whether paid before or after judgment; and he shall be substituted for the creditor and subrogated to all his rights and remedies; in effect, he shall be a purchaser of the debt and all its incidents.