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HomeCivil CodeDiv. 3Pt. 4Art. 7§ 2850 Surety'S Right To Principal Property

§ 2850 Surety'S Right To Principal Property

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

§ 2850 Surety'S Right To Principal Property

Key Takeaways

  • •If someone (the surety) helps you by promising to pay your debt if you can't, their stuff can't be taken before yours.
  • •Your stuff (the principal) must be used first to pay off the debt.
  • •This rule is old—it’s been around since 1872.

Example

Your friend promises the bank they’ll pay your loan if you don’t. You own a car, and your friend owns a bike.

If you can’t pay the loan, the bank must take your car first before they can take your friend’s bike.

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

Official Source
View on CA.gov

§ 2850 Surety'S Right To Principal Property

Whenever property of a surety is hypothecated with property of the principal, the surety is entitled to have the property of the principal first applied to the discharge of the obligation. (Enacted 1872.)

Last verified: January 21, 2026

Key Terms

hypothecatedsuretyprincipaldischarge of the obligation

Related Statutes

  • § 2832 Principal As Surety Proof
  • § 2845 Surety Exoneration Rights
  • § 2846 Surety Right To Compel Performance
  • § 2848 Surety Right Of Contribution
  • § 2855 Arbitration Award Surety Protection

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Civil Code. Section 2850.
View Official Source