Louisiana Code of Civil Procedure 5152 – Surety’s right to plead
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Terms Used In Louisiana Code of Civil Procedure 5152
- Contract: A legal written agreement that becomes binding when signed.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
When a surety is sued by the creditor on the suretyship obligation, and the right of discussion has been created by contract between the surety and the creditor, the surety may plead discussion to compel the creditor to obtain and execute a judgment against the principal before executing a judgment against the surety.
Acts 2010, No. 185, §1.