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Article 1 - Contract of Suretyship
§ 10-7-1. Contract of Suretyship or Guaranty Defined; Liability of Surety Generally - The contract of suretyship or guaranty is one whereby a...
§ 10-7-2. Nature of Obligation of Surety - The obligation of the surety is accessory to that of...
§ 10-7-3. Suretyship Not Extended by Implication - The contract of suretyship is one of strict law; and...
§ 10-7-4. Form of Contract Immaterial - The form of the contract is immaterial, provided the fact...
Article 2 - Relative Rights of Creditor and Surety
§ 10-7-20. Effect of Release of or Compounding With Surety - The creditor may release or compound with the surety without...
§ 10-7-21. “Novation” Defined; Effect on Surety’s Liability - Any change in the nature or terms of a contract...
§ 10-7-22. Discharge of Surety by Increase of Risk - Any act of the creditor, either before or after judgment...
§ 10-7-23. Refusal to Deliver Evidence of Debt and Securities on Tender of Amount of Debt as Discharging Surety - The surety may tender to the creditor the amount of...
§ 10-7-24. Refusal to Sue Principal After Notice by Surety as Discharge - Any surety, guarantor, or endorser, at any time after the...
§ 10-7-25. Extending Liability - The creditor shall pursue his remedy against the surety within...
§ 10-7-26. Promise to Pay in Ignorance of Discharge - If by an act of the creditor the surety is...
§ 10-7-27. Provisions of Uniform Commercial Code to Control - Code Sections 10-7-20 through 10-7-26 shall be superseded to the...
§ 10-7-28. Process Sued Out and Judgment Entered Against Surety as Such - When the fact of suretyship appears on the face of...
§ 10-7-29. Judgment Against Principal and Surety at Same Time - It shall be lawful to enter judgment against principal and...
§ 10-7-30. Bad Faith Refusal of Corporate Surety to Perform Suretyship Contract - History. Ga. L. 1973, p. 825, § 1; Ga. L....
§ 10-7-31. Rights of Certain Parties Claiming Protection Under a Payment Bond or Security Deposit; Notice of Commencement of Work - History. Code 1981, § 10-7-31 , enacted by Ga. L....
Article 3 - Rights of Surety Against Principal, Cosureties, and Third Persons
§ 10-7-40. Attachment Against Principal - A surety or endorser is entitled to the process of...
§ 10-7-41. Action for Money Paid, Interest, and Costs — Right of Surety or Endorser - Payment by a surety or endorser of a debt past...
§ 10-7-42. Action for Money Paid, Interest, and Costs — Effect of Judgment Against Surety - If the payment was made after judgment and the principal...
§ 10-7-43. Action for Money Paid, Interest, and Costs — Recovery of Usury Paid by Surety - If the contract was originally usurious and the surety in...
§ 10-7-44. Foreclosure of Mortgage or Enforcement of Security Given by Principal - If the principal executes any mortgage or gives other security...
§ 10-7-45. Proof of Suretyship — by Parol - If the fact of suretyship does not appear on the...
§ 10-7-46. Proof of Suretyship — After Judgment - If judgment has been rendered without such proof of suretyship,...
§ 10-7-47. Control of Execution and Judgment by Surety — Subrogation to Plaintiff’s Rights - Any surety on the original contract, or on stay of...
§ 10-7-48. Control of Execution and Judgment by Surety — When Sued Separately - If the surety is sued separately from his principal, on...
§ 10-7-49. Payment Pending Action; Judgment for Plaintiff for Use of Surety - If the surety pays off the debt pending the action...
§ 10-7-50. Compelling Contribution — After Paying More Than Equal Share; Effect of Surety’s Insolvency - Where several are sureties for the same principal for the...
§ 10-7-51. Compelling Contribution — Interest on Sum Recovered as Contribution - The sum recovered as contribution shall bear interest from the...
§ 10-7-52. Compelling Contribution — Duty to Account for Indemnification From Principal; Compelling Transfer of Security From Principal - A surety suing for contribution must first account for all...
§ 10-7-53. Compelling Contribution — Controlling Action on Debt and Judgments Therein - Code Sections 10-7-40 through 10-7-49 shall apply to cases where...
§ 10-7-54. Endorser’s Right to Control Judgment on Debt and Execution Thereon - Every endorser who shall pay off and discharge the debt...
§ 10-7-55. Protection of Bona Fide Purchasers When Surety Controls Judgment - When the surety does not appear to be such in...
§ 10-7-56. Subrogation to Rights of Creditor — Priority of Claim - A surety who has paid the debt of his principal...
§ 10-7-57. Subrogation to Rights of Creditor — as to Securities Held by Creditor - A surety who has paid the debt of his principal...