Alabama § 8-3-13 - Surety May Require Creditor to Bring Action Against Principal; Discharge of Surety Upon Failure to Bring Action.
Full text of Alabama Code of Alabama § 8-3-13 — Surety May Require Creditor to Bring Action Against Principal; Discharge of Surety Upon Failure to Bring Action., with citation guidance and answers to common questions.
§ 8-3-13. Surety May Require Creditor to Bring Action Against Principal; Discharge of Surety Upon Failure to Bring Action.
(a) A surety upon any contract for the payment of money or for the delivery or payment of personal property may require the creditor or anyone having the beneficial interest in the contract, by notice in writing, to bring an action thereon against the principal debtor or against any cosurety to such contract.
(b) If an action is not brought thereon in three months after the receipt of such notice and prosecuted with diligence according to the ordinary course of law, the surety giving such notice is discharged from all liability as surety or his aliquot proportion of the debt, as the case may be.
(c) One surety may give the notice in behalf of his cosureties.
(d) The remedy secured by this section does not apply to bonds or other contracts with collateral conditions, nor to the bonds of executors, administrators, guardians, or public officers.
Source: official Alabama text · Last verified 2026-08-27
Frequently Asked Questions About Alabama § 8-3-13
What does Code of Alabama § 8-3-13 cover?
Section 8-3-13 ("Surety May Require Creditor to Bring Action Against Principal; Discharge of Surety Upon Failure to Bring Action.") is part of the Code of Alabama, the codified statutory law of Alabama. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Alabama § 8-3-13?
A common citation format is "Code of Alabama § 8-3-13" (Alabama). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Alabama law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Alabama official source linked on this page or consult a licensed Alabama attorney.
How does Alabama § 8-3-13 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Alabama can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Alabama.