Texas § 43.004 SUBROGATION RIGHTS OF SURETY.

Texas Statutes

§ 43.004 — SUBROGATION RIGHTS OF SURETY.

Texas § 43.004

Code CPCivil Practice and Remedies Code

This text of Texas § 43.004 (SUBROGATION RIGHTS OF SURETY.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Civil Practice and Remedies Code Code Ann. § 43.004 (2026).

Text

Sec. 43.004. SUBROGATION RIGHTS OF SURETY.

(a)A judgment is not discharged by a surety's payment of the judgment in whole or part if the payment:

(1)is compelled; or

(2)if made voluntarily, is applied to the judgment because of the suretyship relationship.

(b)A surety who pays on a judgment as described by Subsection (a) is subrogated to all of the judgment creditor's rights under the judgment. A subrogated surety is entitled to execution on the judgment against:

(1)the principal's property for the amount of the surety's payment, plus interest and costs; and

(2)if there is more than one surety, both the principal's property and the property of the cosurety or cosureties for the amount by which the surety's payment exceeds the surety's proportionate share of the judgment, plus interes

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Sec. 43.004. SUBROGATION RIGHTS OF SURETY. (a) A judgment is not discharged by a surety's payment of the judgment in whole or part if the payment:
(1) is compelled; or
(2) if made voluntarily, is applied to the judgment because of the suretyship relationship.
(b) A surety who pays on a judgment as described by Subsection (a) is subrogated to all of the judgment creditor's rights under the judgment. A subrogated surety is entitled to execution on the judgment against:
(1) the principal's property for the amount of the surety's payment, plus interest and costs; and
(2) if there is more than one surety, both the principal's property and the property of the cosurety or cosureties for the amount by which the surety's payment exceeds the surety's proportionate share of the judgment, plus interest and costs.
(c) A subrogated surety seeking execution on the judgment under Subsection (b) shall apply for execution to the clerk or court. The execution shall be levied, collected, and returned as in other cases.