<?xml version="1.0"?>
<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>366482</law_id><section_number>49-27</section_number><catch_line>Surety&amp;#8217;s remedy against principal for money paid</catch_line><edition url="https://vacode.org/2026/" slug="2026" current="TRUE" last_updated="2026-08-02">2026</edition><structure><unit label="title" level="1" order_by="106" identifier="49">Oaths, Affirmations and Bonds</unit><unit label="chapter" level="2" order_by="3" identifier="3">Relief of Sureties</unit></structure><text>
						<section><p>If any person liable as <span class="dictionary">bail</span>, <span class="dictionary">surety</span>, guarantor or endorser, or any sheriff liable for not taking sufficient <span class="dictionary">bail</span>, or the committee, heir or personal representative of any so liable, pay, in whole or in part, such note, <span class="dictionary">bond</span> or other demand, or any <span class="dictionary">judgment</span>, <span class="dictionary">decree</span> or execution rendered or awarded on account of such liability, the person having a right of action for the amount so paid may, by <span class="dictionary">motion</span> in the <span class="dictionary">court</span> in which the <span class="dictionary">judgment</span>, <span class="dictionary">decree</span> or execution was rendered or awarded, obtain a <span class="dictionary">judgment</span> or <span class="dictionary">decree</span> against any person against whom such right of action exists for the amount so paid, with interest from the time of payment, and five per centum <span class="dictionary">damages</span> on such amount. The person so paying, in whole or in part, any such <span class="dictionary">judgment</span>, <span class="dictionary">decree</span> or execution rendered or awarded on account of such liability, or any such note, <span class="dictionary">bond</span> or other demand, shall, by operation of <span class="dictionary">law</span>, in addition to the remedy above provided, be substituted to and become the owner of all of the rights and remedies of the <span class="dictionary">creditor</span> for the enforcement and collection of the amount or amounts so paid, and shall be deemed the assignee thereof. Executions, or other legal process to which the principal <span class="dictionary">creditor</span> was entitled, may be issued on any such <span class="dictionary">judgment</span> or <span class="dictionary">decree</span> in the name of the original <span class="dictionary">creditor</span> against the person primarily liable for the benefit of the person secondarily liable to the extent to which he has satisfied the original <span class="dictionary">creditor</span>.</p><p>But nothing in this section shall be construed to impair or affect in any way the security of the original <span class="dictionary">creditor</span>, or his rights and remedies as to any balance which may be due him. The provisions of this section are cumulative and are intended to protect the rights of any person secondarily liable to the extent to which he has satisfied the obligation of the person primarily liable. All assignments heretofore made of <span class="dictionary">judgments</span> and <span class="dictionary">decrees</span> to persons secondarily liable are hereby validated, and upon the same executions may be issued as hereinbefore provided.</p></section></text><history>Code 1919, &#xA7; 5777; 1926, p. 854.</history><metadata></metadata></law>
