SURETYSHIP, JOINT OBLIGATIONS, AND CONTRIBUTION

KRS tit. XXXVI, ch. 412

in effect

KRS 412.010 Survival of liability of joint obligor -- Right of contribution

412.010. Survival of liability of joint obligor -- Right of contribution (1) If any person jointly bound with another in any contract, or by judgment, dies in the lifetime of the other obligor, his heir, devisee, or representative may be charged in the same manner as if the contract or judgment had been separate as against the decedent. (2) The same rights and responsibilities shall continue in favor of, and against, the representatives of a person entitled to or bound to make contribution who dies as if he were living when contribution is demanded. The same principle shall apply when more than one (1) dies. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 476, 487.

KRS 412.020 Extent of recovery in contribution is the same at law as in equity

412.020. Extent of recovery in contribution is the same at law as in equity The extent of recovery, in cases of contribution, shall be the same in a court of law that it is in a court of equity. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 484.

KRS 412.030 Contribution among negligent wrongdoers

412.030. Contribution among negligent wrongdoers Contribution among wrongdoers may be enforced where the wrong is a mere act of negligence and involves no moral turpitude. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 484a.

KRS 412.040 Effect of insolvency or nonresidence on right of contribution

412.040. Effect of insolvency or nonresidence on right of contribution The insolvency or nonresidence of any person liable to contribution shall affect the rights of the others in like manner as the insolvency of one (1) obligor affects the others. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 485.

KRS 412.050 Contribution among persons in trust or official capacity

412.050. Contribution among persons in trust or official capacity Contribution shall take place between all persons jointly liable, by civil action, for any act or omission in a trust or official capacity. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 486.

KRS 412.060 Interest

412.060. Interest In all cases of contribution, interest shall be allowed from the time the right accrues. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 488.

KRS 412.070 Compensation of party pressing claims in common interest for others -- Notice to interested persons

412.070. Compensation of party pressing claims in common interest for others -- Notice to interested persons (1) In actions for the settlement of estates, or for the recovery of money or property held in joint tenancy, coparcenary, or as tenants in common, or for the recovery of money or property which has been illegally or improperly collected, withheld or converted, if one (1) or more of the legatees, devisees, distributees or parties in interest has prosecuted for the benefit of others interested with him, and has been to trouble and expense in that connection, the court shall allow him his necessary expenses, and his attorney reasonable compensation for his services, in addition to the costs. This allowance shall be paid out of the funds recovered before distribution. The persons interested shall be given notice of the application for the allowance, provided, however, that if the court before whom the action is pending should determine that it is impracticable and too expensive to notify all of the parties individually, then by order of said court, personal notice may be dispensed with and in lieu thereof, notice of the application shall be given by an advertisement pursuant to KRS Chapter 424. (2) The compensation herein provided for shall be authorized in actions now pending as well as actions hereafter instituted; provided, that in actions now pending final orders and judgments have not been ordered and the fund has not come into actual being. History: Amended 1966 Ky. Acts ch. 239. sec. 227. -- Amended 1954 Ky. Acts ch. 204, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 489.

KRS 412.080 Action by surety who pays, against principal -- Against cosurety

412.080. Action by surety who pays, against principal -- Against cosurety If a surety pays any part of a debt or liability for which he is bound as surety, he may recover the amount, with interest from time of payment, from the principal by action at law or by motion, after ten (10) days' notice in writing. He may also sue a cosurety, separately or as a joint defendant with the principal, in such proceeding, and in like manner recover judgment against him, separately or jointly, at the same time, for his proper part of the debt or liability so paid, as if the sureties were the sole obligors. If one (1) or more of several cosureties is insolvent, or resides out of the state, the recovery against the solvent and resident sureties shall also be for a proper part of the share of liability pertaining to the insolvent or nonresident surety. If the surety afterwards makes further payment on the debt or liability, he may again have like remedy therefor. But nothing in this section shall preclude the party sued from making any defense that might have been made against the original demand, unless the payment was made after and in consequence of a judgment in an action of which he had notice. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4665.

KRS 412.090 Assignment of right of action to surety paying judgment

412.090. Assignment of right of action to surety paying judgment If the surety pays any part of a judgment he shall have a right to an assignment of the judgment from the plaintiff or the plaintiff's attorney, in whole or in part. When the plaintiff has been fully satisfied, the assignment shall give the surety the right to sue out or use any existing execution or otherwise control the judgment for his own benefit, against the other defendants, so far as to obtain satisfaction from the principal for the whole amount so paid by him, with interest, or from any cosurety his proper part of such payment, according to KRS 412.080. This assignment shall also transfer to the sureties so paying the benefit of any lien existing under or by virtue of the judgment, and the right of assignment shall exist, though the money was made or secured by sale of the property of the surety under execution. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4666.

KRS 412.100 Rights of co-obligors and cocontractors

412.100. Rights of co-obligors and cocontractors Co-obligors and cocontractors shall, as between each other, have the full benefit of KRS 412.080 and 412.090 as if they were cosureties. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4667.

KRS 412.110 Person jointly liable may require suit or execution issued -- Notice

412.110. Person jointly liable may require suit or execution issued -- Notice A surety, co-obligor, or cocontractor, or one (1) of several defendants to a judgment may, by notice in writing served in person within the state on the creditor or plaintiff, or, if the plaintiff is a nonresident or absent from the place of his residence for the period of thirty (30) days consecutively, upon his agent or his attorney, require him to sue or issue execution. If the creditor does not in good faith prosecute the suit with reasonable diligence, or if the plaintiff does not, within ten (10) days after judgment, sue out execution and in good faith prosecute the collection, the cosurety, co-obligor, cocontractor, or defendant shall be discharged from all liability, except for his proper share according to the then existing condition of the several obligors, contractors, or defendants. In any joint suit against the whole, or separate suit against him, judgment shall be rendered against him separately, and only for such proper share. The written notice required in this section shall not be waived, unless the waiver is in writing. No waiver of the notice shall be pleaded as a defense or given in evidence, unless it is in writing. Effective: January 2, 1978 History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 415, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4668.

KRS 412.120 Release of surety on bond for delay in execution

412.120. Release of surety on bond for delay in execution If the plaintiff in any bond having the force of a judgment fails, at any time for the space of a year during which he is entitled to have execution, to issue execution and in good faith prosecute the collection, the surety in the bond shall be released from all liability. Any execution thereafter issuing on the bond shall be so endorsed. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4669.

KRS 412.130 Release of surety on lost or destroyed judgment or bond

412.130. Release of surety on lost or destroyed judgment or bond No surety shall be released from his obligation on any lost or destroyed judgment, or bond having the force of a judgment, because of any failure to sue out execution thereon for twelve months, unless the failure was for twelve months after the reentry of judgment or order of execution. However, this section shall not apply to a surety who was released by law at the time of the destruction or loss of the record or bond, nor unless proceedings to have a reentry of the judgment or order of execution had been commenced as provided in KRS 422.210 and 422.220. Effective: January 2, 1978 History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 416, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4670.

KRS 412.140 Action by surety against principal or cosurety after maturity of debt

412.140. Action by surety against principal or cosurety after maturity of debt After the maturity of a debt or liability, an equitable action may be brought by a surety against his principal to compel payment of it, or by one who is jointly liable therefor with another to compel him to pay so much of it as he may be equitably liable for as between him and the plaintiff. Effective: July 1, 1953 History: Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 661.

KRS 412.150 Creditor to be made defendant -- Provisional remedies allowed

412.150. Creditor to be made defendant -- Provisional remedies allowed (1) The creditor must be made defendant to an action brought pursuant to KRS 412.140, but shall not be liable for costs. (2) The provisions of KRS 425.301 to 425.316 and KRS 425.501 to 425.526 shall apply to such action. Effective: July 15, 1982 History: Amended 1982 Ky. Acts ch. 118, sec. 3, effective July 15, 1982. -- Amended 1980 Ky. Acts ch. 188, sec. 287, effective July 15, 1980. -- Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 662.

KRS 412.160 Proceedings against surety after bankruptcy of principal

412.160. Proceedings against surety after bankruptcy of principal In an action for the recovery of money in which the defendant may have given bond with sureties, or for whom sureties may have given bond, pursuant to the provisions of subsection (1) of KRS 425.116; or in which an appellant may have given bond with sureties, or for whom sureties may have given bond, for the purpose of appeal from an inferior court to a circuit court or for the purpose of a supersedeas pending an appeal to the Court of Appeals -- if such defendant or appellant have thereafter become a bankrupt under the laws of the United States, upon notice thereof from his adversary being served on the sureties, by summons, the court shall decide whether or not anything, and, if anything, how much, should have been adjudged against the defendant or appellant, but for the bankruptcy; and such decision shall be conclusive as to the liability of the sureties; but they shall not be liable upon a bond given pursuant to subsection (1) of KRS 425.116, if property released from an attachment by reason thereof, or its proceeds, have lawfully come to the defendant's or appellant's assignee in bankruptcy. Effective: July 15, 1980 History: Amended 1980 Ky. Acts ch. 188, sec. 288, effective July 15, 1980. -- Transferred 1952 Ky. Acts ch. 84, secs. 1 and 28, effective July 1, 1953, from C.C. sec. 693.

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=39260Fetched: 10/20/2026