Chapter 7. Suretyship

Article 1. Contract of Suretyship

• OCGA § 10-7-1 Contract of Suretyship Or Guaranty Defined; Liability of Surety Generally
• OCGA § 10-7-2 Nature of Obligation of Surety
• OCGA § 10-7-3 Suretyship Not Extended By Implication
• OCGA § 10-7-4 Form of Contract Immaterial

Article 2. Relative Rights of Creditor and Surety

• OCGA § 10-7-20 Effect of Release of Or Compounding With Surety
• OCGA § 10-7-21 "Novation" Defined; Effect On Surety's Liability
• OCGA § 10-7-22 Discharge of Surety By Increase of Risk
• OCGA § 10-7-23 Refusal to Deliver Evidence of Debt and Securities On Tender of Amount of Debt As Discharging Surety
• OCGA § 10-7-24 Refusal to Sue Principal After Notice By Surety As Discharge
• OCGA § 10-7-25 Extending Liability
• OCGA § 10-7-26 Promise to Pay In Ignorance of Discharge
• OCGA § 10-7-27 Provisions of Uniform Commercial Code to Control
• OCGA § 10-7-28 Process Sued Out and Judgment Entered Against Surety As Such
• OCGA § 10-7-29 Judgment Against Principal and Surety At Same Time
• OCGA § 10-7-30 Bad Faith Refusal of Corporate Surety to Perform Suretyship Contract
• OCGA § 10-7-31 Rights of Certain Parties Claiming Protection Under a Payment Bond Or Security Deposit; Notice of Commencement of Work

Article 3. Rights of Surety Against Principal, Cosureties, and Third Persons

• OCGA § 10-7-40 Attachment Against Principal
• OCGA § 10-7-41 Action For Money Paid, Interest, and Costs - Right of Surety Or Endorser
• OCGA § 10-7-42 Action For Money Paid, Interest, and Costs - Effect of Judgment Against Surety
• OCGA § 10-7-43 Action For Money Paid, Interest, and Costs - Recovery of Usury Paid By Surety
• OCGA § 10-7-44 Foreclosure of Mortgage Or Enforcement of Security Given By Principal
• OCGA § 10-7-45 Proof of Suretyship - By Parol
• OCGA § 10-7-46 Proof of Suretyship - After Judgment
• OCGA § 10-7-47 Control of Execution and Judgment By Surety - Subrogation to Plaintiff's Rights
• OCGA § 10-7-48 Control of Execution and Judgment By Surety - When Sued Separately
• OCGA § 10-7-49 Payment Pending Action; Judgment For Plaintiff For Use of Surety
• OCGA § 10-7-50 Compelling Contribution - After Paying More Than Equal Share; Effect of Surety's Insolvency
• OCGA § 10-7-51 Compelling Contribution - Interest On Sum Recovered As Contribution
• OCGA § 10-7-52 Compelling Contribution - Duty to Account For Indemnification From Principal; Compelling Transfer of Security From Principal
• OCGA § 10-7-53 Compelling Contribution - Controlling Action On Debt and Judgments Therein
• OCGA § 10-7-54 Endorser's Right to Control Judgment On Debt and Execution Thereon
• OCGA § 10-7-55 Protection of Bona Fide Purchasers When Surety Controls Judgment
• OCGA § 10-7-56 Subrogation to Rights of Creditor - Priority of Claim
• OCGA § 10-7-57 Subrogation to Rights of Creditor - As to Securities Held By Creditor