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HomeCivil CodeDiv. 3Pt. 4Art. 6§ 2821 Surety Exoneration After Rescission

§ 2821 Surety Exoneration After Rescission

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

§ 2821 Surety Exoneration After Rescission

Key Takeaways

  • •If a deal changes what a borrower owes or makes it harder for the lender to get their money back, and that deal lets a co-signer off the hook, then canceling the deal later doesn’t put the co-signer back on the hook.
  • •Once a co-signer is freed from their promise to pay because of a new deal, they stay freed even if the new deal is canceled.
  • •This rule protects co-signers from being suddenly responsible again if the original deal changes and then gets canceled.

Example

Imagine you co-sign a loan for your friend to buy a car. Later, the bank makes a new deal with your friend that says you no longer have to pay if your friend misses payments. Even if the bank cancels that new deal later, you still don’t have to pay—you’re off the hook for good.

The law says that once the co-signer (you) is freed from the responsibility because of the new deal, canceling that deal doesn’t make you responsible again.

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

Official Source
View on CA.gov

§ 2821 Surety Exoneration After Rescission

The rescission of an agreement altering the original obligation of a debtor, or impairing the remedy of a creditor, does not restore the liability of a surety who has been exonerated by such agreement. (Amended by Stats. 1939, Ch. 453.)

Last verified: January 21, 2026

Key Terms

rescissionoriginal obligationdebtorremedycreditorsuretyexonerated

Related Statutes

  • § 2819 Surety Exoneration By Creditor
  • § 2823 Surety Liability Delay Rule
  • § 2824 Indemnified Surety Liability
  • § 2825 Surety Liability Principal Discharge
  • § 2845 Surety Exoneration Rights

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Civil Code. Section 2821.
View Official Source