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.

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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.

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