(a) Except as provided by this section, the acceptor of a bill of exchange or a principal obligor on a contract may be sued alone or jointly with another liable party, but a judgment may not be rendered against a party not primarily liable unless judgment is also rendered against the principal obligor.
(b) The assignor, endorser, guarantor, or surety on a contract or the drawer of an accepted bill may be sued without suing the maker, acceptor, or other principal obligor, or a suit against the principal obligor may be discontinued, if the principal obligor:
(1) is a nonresident or resides in a place where he cannot be reached by the ordinary process of law;
(2) resides in a place that is unknown and cannot be ascertained by the use of reasonable diligence;
(3) is dead; or
(4) is actually or notoriously insolvent.

Terms Used In Texas Civil Practice and Remedies Code 17.001

  • Contract: A legal written agreement that becomes binding when signed.
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC