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HomeCivil CodeDiv. 3Pt. 4Art. 6§ 2823 Surety Liability Delay Rule

§ 2823 Surety Liability Delay Rule

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

§ 2823 Surety Liability Delay Rule

Key Takeaways

  • •If someone promises to pay your debt if you can't, they can't get out of it just because the person you owe takes a long time to ask for the money.
  • •Even if the person you owe waits a while to ask for the money, the person who promised to pay still has to pay up.
  • •The person who promised to pay your debt can't say 'You took too long, so I don't have to pay'.

Example

You borrow money from a bank, and your friend promises to pay it back if you can't. The bank waits a year before asking for the money.

Your friend still has to pay the bank, even though the bank waited a year. They can't say 'You waited too long, so I don't have to pay'.

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

Official Source
View on CA.gov

§ 2823 Surety Liability Delay Rule

Mere delay on the part of a creditor to proceed against the principal, or to enforce any other remedy, does not exonerate a surety. (Amended by Stats. 1939, Ch. 453.)

Last verified: January 21, 2026

Key Terms

creditorprincipalsuretyexonerate

Related Statutes

  • § 2819 Surety Exoneration By Creditor
  • § 2824 Indemnified Surety Liability
  • § 2825 Surety Liability Principal Discharge
  • § 2807 Surety Liability On Default
  • § 2808 Surety Liability And Notice

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Civil Code. Section 2823.
View Official Source