Arizona § 12-1642 - Determination of issue between principal and surety; finding for surety and order of levy
Full text of Arizona Arizona Revised Statutes § 12-1642 — Determination of issue between principal and surety; finding for surety and order of levy, with citation guidance and answers to common questions.
§ 12-1642. Determination of issue between principal and surety; finding for surety and order of levy
A. When an action is brought against two or more defendants upon a contract, and one or more of the defendants are surety for the others, the surety may cause the issue of suretyship between the defendants to be tried and determined at any time before the trial, but such proceedings shall not delay the action of the plaintiff.
B. If the issue is determined in favor of the surety, the court shall order the sheriff to levy the execution first upon the property of the principal which is subject to execution and situate in the county in which the judgment was rendered before a levy is made upon the property of the surety, if enough property of the principal is found as in the opinion of the sheriff or constable is sufficient to make the amount of the execution, otherwise the levy shall be made on so much property of the principal as is found, if any, and upon so much of the property of the surety as is necessary to make the amount of the execution. The clerk shall make a memorandum of such order on the execution.
Source: official Arizona text · Last verified 2026-08-27
Frequently Asked Questions About Arizona § 12-1642
What does Arizona Revised Statutes § 12-1642 cover?
Section 12-1642 ("Determination of issue between principal and surety; finding for surety and order of levy") is part of the Arizona Revised Statutes, the codified statutory law of Arizona. 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 Arizona § 12-1642?
A common citation format is "Arizona Revised Statutes § 12-1642" (Arizona). 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 Arizona law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Arizona official source linked on this page or consult a licensed Arizona attorney.
How does Arizona § 12-1642 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Arizona 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 Arizona.