Alabama § 8-3-40 - Transfer of Judgment to Surety Upon Payment of Same by Surety.
Full text of Alabama Code of Alabama § 8-3-40 — Transfer of Judgment to Surety Upon Payment of Same by Surety., with citation guidance and answers to common questions.
§ 8-3-40. Transfer of Judgment to Surety Upon Payment of Same by Surety.
(a) Whenever a judgment is obtained by a creditor on a demand to which there are one or more sureties, the sureties may pay such demand, and the same shall be transferred by operation of law to the surety or sureties paying or satisfying such demand, who shall have all the liens or equities of such judgment and of the debt or claim on which the same is founded.
(b) The plaintiff in the judgment, his agent or attorney of record, when the payment is made, must assign such judgment to the surety or sureties paying the money, who may collect the same, with interest and costs, in the name of the plaintiff for their use, and may assert any lien or right against the principal debtor which the plaintiff could have asserted if the debt had not been paid.
Source: official Alabama text · Last verified 2026-08-27
Frequently Asked Questions About Alabama § 8-3-40
What does Code of Alabama § 8-3-40 cover?
Section 8-3-40 ("Transfer of Judgment to Surety Upon Payment of Same by Surety.") 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 § 8-3-40?
A common citation format is "Code of Alabama § 8-3-40" (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 § 8-3-40 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.