US Lawyer Database

§ 16-107-302. Action against principal before debt due

(a) A surety may maintain an action against his or her principal to obtain indemnity against the debt or liability for which the surety is bound, before it is due, whenever any of the grounds exist upon which, by the provisions of §§ 16-109-102 [repealed], 16-110-101, 16-110-104, 16-110-202, or 16-110-203, an order may be made […]

§ 16-107-303. Recovery of money and property from principal debtor

(a) When any bond, bill, or note for the payment of money or delivery of property shall not be paid by the principal debtor, according to the tenor thereof, and the bond, bill, or note, or any part thereof shall be paid by the security, the principal debtor shall refund to the security the amount […]

§ 16-107-304. Action against cosurety

(a) When there are two (2) or more securities in the bond, bill, or note and any of them shall pay in money or property, more than his or her due proportion of the original demand, the security may recover the excess in the same form of action as provided in this subchapter for a […]

§ 16-107-305. Judgment against principal on motion

(a) In all cases where judgment is given in any circuit court upon any bond, bill, or note for the payment of money or the delivery of property, against the principal debtor and securities therein, and the security shall pay the judgment or any part thereof, he or she shall be entitled, upon motion, to […]

§ 16-107-306. Action against executors and administrators

Actions for the remedies given by this section and §§ 16-107-303 — 16-107-305, 21-2-111, and 21-2-112, may be maintained by and against executors and administrators in all cases where they could be maintained by or against their testators or intestates.

§ 16-107-202. Breach of condition to pay money

(a) In all actions brought upon bonds to which there is a condition or defeasance annexed by which the bond is to become void on the payment of a less sum, the plaintiff shall set out the condition in his or her complaint and may assign as many breaches as he or she may think […]

§ 16-107-203. Breach of condition other than to pay money

(a) When an action shall be prosecuted in any court of law, upon any bond for the breach of any condition other than for payment of money, or shall be prosecuted for any penal sum for the nonperformance of any covenant or written agreement, the plaintiff in his or her complaint shall assign the specific […]

§ 16-107-204. Subsequent breaches

(a) Whenever further breaches shall occur, the plaintiff or his of her personal representative may have a scire facias upon the judgment, suggesting the breaches against the defendant, and all parties bound thereby, and commanding that they be summoned to show cause why an execution should not be had upon the judgment for the amount […]

§ 16-107-205. Official bonds generally

(a) In all cases where by the laws of this state, any person is authorized to prosecute a suit to his or her own use on any official bond, he or she shall sue in the name of the state or other obligee named in the bond, stating in the process, pleadings, proceedings, and record […]