Suretyship Flashcards
compensated surety
generally liable on the debt unless the surety’s risk of loss is increased due to a material change in the contract
uncompensated surety
AKA gratuitous surety
is relieved anytime the creditor makes a change to the agreement
exoneration
the surety may sue to principal debtor to compel them to make payment to the creditor
indemnification
the surety has the right to demand reimbursement from the principal debtor for amounts paid to the creditor
subrogation
the surety obtains all creditor claims against the debtor, including the right to collateral pledged by the debtor to the creditor to secure the loan
right of contribution
a cosurety who pays has right to obtain reimbursement from other cosureties
writ of attachment
judicial remedy in which a creditor is allowed to take possession of personal property of the debtor prior to getting a judgement for the past-due debt