KRS 412.080: Action by surety who pays, against principal -- Against cosurety.
Where this section sits in the code
- KRS Chapter 412
If a surety pays any part of a debt or liability for which he is bound as surety, he may
recover the amount, with interest from time of payment, from the principal by action at
law or by motion, after ten (10) days' notice in writing. He may also sue a cos urety,
separately or as a joint defendant with the principal, in such proceeding, and in like
manner recover judgment against him, separately or jointly, at the same time, for his
proper part of the debt or liability so paid, as if the sureties were the so le obligors. If one
(1) or more of several cosureties is insolvent, or resides out of the state, the recovery
against the solvent and resident sureties shall also be for a proper part of the share of
liability pertaining to the insolvent or nonresident sur ety. If the surety afterwards makes
further payment on the debt or liability, he may again have like remedy therefor. But
nothing in this section shall preclude the party sued from making any defense that might
have been made against the original demand, u nless the payment was made after and in
consequence of a judgment in an action of which he had notice.
Collected 2026-09-05T20:59:36Z. Source file · JSON