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HomeCivil CodeDiv. 3Pt. 4Art. 4§ 2809 Surety Obligation Limits

§ 2809 Surety Obligation Limits

Civil Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 2809 Surety Obligation Limits

Key Takeaways

  • •A surety (someone who promises to pay if another person doesn't) can't be asked to pay more than the main person who owes the money.
  • •If the surety's promise is bigger or harder than the main person's promise, it gets reduced to match the main person's promise.
  • •The surety's job is only as big as the main person's job.

Example

Your friend borrows $100 from someone and you promise to pay it back if your friend doesn't. The agreement says you have to pay $150 if your friend can't.

The law says you only have to pay the same $100 your friend owes, not $150. Your promise gets reduced to match your friend's promise.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 2809 Surety Obligation Limits

The obligation of a surety must be neither larger in amount nor in other respects more burdensome than that of the principal; and if in its terms it exceeds it, it is reducible in proportion to the principal obligation. (Amended by Stats. 1939, Ch. 453.)

Last verified: January 21, 2026

Key Terms

suretyprincipalobligation

Related Statutes

  • § 2807 Surety Liability On Default
  • § 2808 Surety Liability And Notice
  • § 2810 Surety Liability For Principal
  • § 2846 Surety Right To Compel Performance
  • § 1804.1 Consumer Contract Prohibitions

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Civil Code. Section 2809.
View Official Source