12-1643. Subrogation of surety to rights of
judgment creditor; execution against debtor
A. When a person who is surety on an undertaking is compelled to pay a judgment or
part thereof, or makes a payment upon a judgment by reason of suretyship, such judgment
shall not be discharged by such payment but shall remain in force for the use of the
surety and shall be considered as assigned to the surety together with all rights of the
creditor thereunder to the extent of the payment made by the surety, and interest
thereon.
B. The surety may have execution issued on the judgment in the name of the creditor
for use of such surety against the principal debtor for the full amount of the payment,
interest thereon, and all costs.
C. The execution shall be issued upon the application of the surety to the clerk or
court, and shall be levied, collected and returned as in other cases.
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