Arizona Statutes

§ 12-1643 — Subrogation of surety to rights of judgment creditor; execution against debtor

Arizona § 12-1643
JurisdictionArizona
Title 12Arizona Revised Statutes
Ch. 9SPECIAL ACTIONS AND PROCEEDINGS TO ENFORCE CLAIMS OR JUDGMENTS
Art. 9Suretyship

This text of Arizona § 12-1643 (Subrogation of surety to rights of judgment creditor; execution against debtor) is published on Counsel Stack Legal Research, covering Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ariz. Rev. Stat. Ann. § 12-1643 (2026).

Text

A.When a person who is surety on an undertaking is compelled to pay a judgment or part thereof, or makes a payment upon a judgment by reason of suretyship, such judgment shall not be discharged by such payment but shall remain in force for the use of the surety and shall be considered as assigned to the surety together with all rights of the creditor thereunder to the extent of the payment made by the surety, and interest thereon.
B.The surety may have execution issued on the judgment in the name of the creditor for use of such surety against the principal debtor for the full amount of the payment, interest thereon, and all costs.
C.The execution shall be issued upon the application of the surety to the clerk or court, and shall be levied, collected and returned as in other cases.

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Related

Capitol Indemnity Corp. v. Fleming
58 P.3d 965 (Court of Appeals of Arizona, 2002)
13 case citations
A. Bates Butler v. Pacific National Insurance Company
375 F.2d 518 (Ninth Circuit, 1967)
8 case citations
Smith Plumbing Co. v. Aetna Casualty & Surety Co.
720 P.2d 520 (Court of Appeals of Arizona, 1984)
6 case citations
Butler v. Pacific National Insurance
375 F.2d 518 (Ninth Circuit, 1967)
1 case citations
Capitol Indemnity v. Fleming
(Court of Appeals of Arizona, 2002)

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Bluebook (online)
Arizona § 12-1643, Counsel Stack Legal Research, https://law.counselstack.com/statute/az/12-1643.