§ 803.Principal and Surety - Levy Against Principal Before Surety

Chapter 13: Limitation of Actions · Not amended since adoption on record · Last verified August 3, 2026

In one sentenceSection 803 requires a court clerk entering judgment on a jointly and severally signed instrument to certify which defendant is the principal debtor and which signed only as surety or bail, and directs the sheriff to exhaust the principal debtor's property before touching the surety's.

Full Text of § 803

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In all cases where judgment is rendered in any court of record within this state, upon any instrument of writing in which two or more persons are jointly and severally bound, and it shall be made to appear to the court, by parol or other testimony, that one or more of said persons so bound, signed the same as surety or bail, for his or their codefendant, it shall be the duty of the clerk of said court, in recording the judgment thereon to certify which of the defendants is principal debtor, and which are sureties or bail. And the clerk of the court aforesaid shall issue execution on such judgment, commanding the sheriff or other officer to cause the money to be made of the goods and chattels, lands and tenements, of the principal debtor; but for want of sufficient property of the principal debtor to make the same, that he cause the same to be made of the goods and chattels, lands and tenements, of the surety or bail. In all cases, the property, both personal and real, of the principal debtor, within the jurisdiction of the court, shall be exhausted before any of the property of the surety or bail shall be taken in execution.

End

Amendment History

R.L. 1910, § 5179.

Plain-English Summary

When two or more people sign the same instrument and get sued together, Oklahoma doesn't treat them as interchangeable once judgment lands. If testimony shows one of them only co-signed as surety or bail for the other, Section 803 requires the clerk to note that fact on the judgment record, marking one defendant as the principal debtor and the other as surety.

That distinction controls how the sheriff collects. The execution must go after the principal debtor's goods, chattels, lands, and tenements first, and only turns to the surety's property if the principal's isn't enough to cover the judgment.

Frequently Asked Questions

Does a court have to sort out who's the real debtor when a note has two signers?

Yes. If testimony shows one signer only co-signed as surety or bail, Section 803 requires the clerk to certify, on the judgment itself, which defendant is the principal debtor and which is the surety.

Can a judgment creditor go after a surety's property before the principal debtor's?

No. Section 803 requires the sheriff to exhaust the principal debtor's goods, chattels, lands, and tenements first, and reach the surety's property only if the principal's isn't enough.

How does the court know someone signed only as a surety?

The statute lets this be shown "by parol or other testimony" presented to the court, not just from the wording of the instrument itself.

What happens if the principal debtor has no property to seize?

Then the sheriff may proceed against the goods, chattels, lands, and tenements of the surety or bail to satisfy the judgment.

Source & verification. Section text is reproduced verbatim from Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature. Last verified August 3, 2026. · Official source

Also known as: surety liability order oklahoma judgmentprincipal debtor vs surety execution oklahomacosigner judgment execution oklahomaexhaust principal debtor property before surety