A surety may maintain an action against his principal, to compel him to discharge the debt or liability for which the surety is bound, after the same has become due.
§ 1107.Surety May Sue Principal For Performance
Chapter 19: Miscellaneous Proceedings · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 1107 lets a surety sue the principal to compel payment or performance of the debt or liability the surety is bound for, once that obligation has become due.
Full Text of § 1107
Amendment History
R.L. 1910, § 5307.
Plain-English Summary
A surety who's on the hook for someone else's debt doesn't have to wait passively for the principal to pay. Once the debt or liability becomes due, Section 1107 lets the surety sue the principal directly, to force the principal to discharge it.
Frequently Asked Questions
Can a surety sue the person they guaranteed a debt for?
Yes, once the debt or liability becomes due, Section 1107 lets the surety sue the principal to compel payment or performance.
Does the surety have to pay the debt first before suing the principal?
No, this section lets the surety sue to compel the principal to discharge the debt directly, once it's due.
Does the debt have to be disputed before a surety can sue under this section?
No, the text conditions the suit only on the debt or liability having become due, not on any dispute over it.
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 sue principal for debt Oklahoma12 O.S. § 1107surety compel principal to pay Oklahomaindemnity action surety against principal