§ 8-3-41 — Issuance of Execution on Judgment Paid by Surety; Collection of Money from Principal Debtor or Cosureties

Alabama § 8-3-41

• Jurisdiction: Alabama
• Title 8: Commercial Law and Consumer Protection
• Ch. 3: Suretyship
• Art. 3: Judgments

Text

(a) If a judgment is entered by any court against a principal debtor and his surety, or against his sureties, and one or more of his sureties shall pay and satisfy the judgment, the same shall be thereby transferred and assigned by operation of law to the surety or sureties paying and satisfying it, who shall have all the liens and equities of such judgment and of the debt or claim on which the same is founded which the creditor therein had.
(b) The surety, on making affidavit of his suretyship and of his having paid the judgment and filing the affidavit and any evidence of such payment that he may hold with the officer authorized to issue execution on the judgment to whom he may apply for execution, shall be entitled to have execution issued on the judgment in the name of the plaintiff or complainant for his use or in his own name against the other defendants therein, as if the judgment had not been paid and satisfied.
(c) The officer issuing the execution shall endorse thereon that it is issued for the use of the surety who paid the judgment, and the officer serving it shall collect the money for the use of the surety from the principal debtor, if he is a party to the judgment and the money can be made out of him; if not, he shall collect a ratable proportion of the money from each of the cosureties.

Legislative History

(Code 1907, §5409; Code 1923, §9568; Code 1940, T. 9, §102.)