§ 9-12-11.Sureties and endorsers to be identified in judgment
Chapter 12. Verdict and Judgment · Article 1. General Provisions · Last amended 1933 · Last verified July 17, 2026
Full Text of § 9-12-11
Plain-English Summary
A judgment against a surety or an endorser on a note or draft is only useful if it says clearly what each defendant's relationship was to the underlying obligation. This section puts that job on the plaintiff: in a judgment against sureties or endorsers on any draft, promissory note, or other written instrument, the plaintiff or the plaintiff's attorney must designate and identify the relation of the parties under the contract on which the judgment rests.
That designation is not a formality. Whether a defendant signed as principal, surety, or endorser affects the order in which the defendant can be pursued, what defenses remain available, and how the judgment will later be enforced against that defendant's assets. A judgment silent on those roles leaves the parties, and any later court, to reconstruct a relationship the plaintiff was in the best position to state at the outset.
The duty is mandatory, not optional, and it falls on the party seeking the judgment rather than the court entering it. Getting the designation right at judgment sets up the more specific enforcement rules that follow in Georgia's execution statutes for sureties and endorsers.
Frequently Asked Questions
Who must identify the parties' relationship in these judgments?
The plaintiff or the plaintiff's attorney.
What kinds of instruments does this section cover?
Drafts, promissory notes, and other written instruments giving rise to surety or endorser liability.
What exactly must be designated in the judgment?
The relation of the parties under the contract on which the judgment is rendered — for example, who is the principal and who is a surety or endorser.
Is this identification requirement optional?
No. The statute uses “shall,” making it mandatory.
Why does the capacity of a surety or endorser matter after judgment?
Because that relationship affects how the judgment can later be enforced, including execution against a surety or endorser specifically.
Amendment History
Laws 1845, Cobb’s 1851 Digest, p. 598.; Laws 1850, Cobb’s 1851 Digest, p. 600.; Code 1863, § 3491; Code 1868, § 3514; Code 1873, § 3572; Code 1882, § 3572; Civil Code 1895, § 5343; Civil Code 1910, § 5938; Code 1933, § 110-306.