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HomeCivil CodeDiv. 3Pt. 4Art. 7§ 2845 Surety Exoneration Rights

§ 2845 Surety Exoneration Rights

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

§ 2845 Surety Exoneration Rights

Key Takeaways

  • •If someone promises to pay your debt (like a friend covering your loan), they can ask you to first try getting the money from the person who actually owes it.
  • •If you don’t try to get the money from the right person, the one who promised to pay can refuse to cover the full amount.
  • •This is to make sure the person who promised to pay isn’t stuck paying more than they should.

Example

Your friend agrees to pay your loan if you can’t, but you don’t even ask the person who borrowed the money to pay it back first.

Your friend can say, 'You didn’t try to get the money from the right person, so I don’t have to pay the whole thing.'

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

Official Source
View on CA.gov

§ 2845 Surety Exoneration Rights

A surety may require the creditor, subject to Section 996.440 of the Code of Civil Procedure, to proceed against the principal, or to pursue any other remedy in the creditor’s power which the surety cannot pursue, and which would lighten the surety’s burden; and if the creditor neglects to do so, the surety is exonerated to the extent to which the surety is thereby prejudiced. (Amended by Stats. 1982, Ch. 517, Sec. 73.)

Last verified: January 21, 2026

Key Terms

suretycreditorprincipalexoneratedprejudiced

Related Statutes

  • § 2819 Surety Exoneration By Creditor
  • § 2807 Surety Liability On Default
  • § 2808 Surety Liability And Notice
  • § 2821 Surety Exoneration After Rescission
  • § 2823 Surety Liability Delay Rule

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Civil Code. Section 2845.
View Official Source