Georgia § 10-7-1 - Contract of suretyship or guaranty defined; liability of surety generally.
Full text of Georgia Official Code of Georgia Annotated § 10-7-1 — Contract of suretyship or guaranty defined; liability of surety generally., with citation guidance and answers to common questions.
§ 10-7-1. Contract of suretyship or guaranty defined; liability of surety generally.
The contract of suretyship or guaranty is one whereby a person obligates himself to pay the debt of another in consideration of a benefit flowing to the surety or in consideration of credit or indulgence or other benefit given to his principal, the principal in either instance remaining bound therefor. Sureties, including those formerly called guarantors, are jointly and severally liable with their principal unless the contract provides otherwise. There shall be no distinction between contracts of suretyship and guaranty. (Orig. Code 1863, § 2125; Code 1868, § 2120; Code 1873, § 2148; Code 1882, § 2148; Civil Code 1895, § 2966; Civil Code 1910, § 3538; Code 1933, § 103-101; Ga. L. 1981, p. 870, § 1.) Cross references. - Contract of guarantor on negotiable instrument, § 11-3-416 . Loan guaranties not state debt, § 20-3-269 . Law reviews. - For article contrasting guaranty with suretyship in Georgia, see 2 Ga. B. J. 25 (1939). For article, "The Distinction Between Guaranty and Suretyship in Georgia," see 9 Ga. B. J. 273 (1947). For article surveying developments in Georgia commercial law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 33 (1981). For survey article citing developments in Georgia contracts law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 67 (1981). For annual survey of law of business associations, see 38 Mercer L. Rev. 57 (1986). For annual survey of construction law, see 43 Mercer L. Rev. 141 (1991). For comment discussing distinction between guaranty and suretyship, in light of McCallum v. Griffin, 289 F.2d 135 (5th Cir. 1961), see 24 Ga. B. J. 273 (1961). For comment, "Eleventh Circuit Survey: January 1, 2013 - December 31, 2013: Comment: Confirming the Enforceability of the Guaranty Agreement After Non-Judicial Foreclosure in Georgia," see 65 Mercer L. Rev. 1167 (2014).
Source: official Georgia text · Last verified 2026-08-27
Frequently Asked Questions About Georgia § 10-7-1
What does Official Code of Georgia Annotated § 10-7-1 cover?
Section 10-7-1 ("Contract of suretyship or guaranty defined; liability of surety generally.") is part of the Official Code of Georgia Annotated, the codified statutory law of Georgia. 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 Georgia § 10-7-1?
A common citation format is "Official Code of Georgia Annotated § 10-7-1" (Georgia). 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 Georgia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Georgia official source linked on this page or consult a licensed Georgia attorney.
How does Georgia § 10-7-1 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Georgia 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 Georgia.