Surety's Rights Against the Creditor Flashcards
1
Q
If a principal owes several debts to a creditor, must the creditor apply any payments to the surety’s obligation?
A
No. The creditor need not relieve the surety UNLESS the principal so directs.
Without that direction, the creditor can apply payment to discharge any debt owed by the principal.
2
Q
What rights does the surety have after making FULL payment to the creditor?
A
The surety has ALL the rights / remedies the creditor could use against the principal.