A surety may maintain an action against his principal, to obtain indemnity against the debt or liability for which he is bound, before it is due, whenever any of the grounds exist, upon which, by the provisions of this code, an order may be made for arrest and bail, or for an attachment.
§ 1108.Suit By Surety Before Liability Due
Chapter 19: Miscellaneous Proceedings · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 1108 lets a surety sue the principal for indemnity against a debt or liability before it's due, whenever grounds exist for an order of arrest and bail or for an attachment under this code.
Full Text of § 1108
Amendment History
R.L. 1910, § 5308.
Plain-English Summary
Section 1107 lets a surety sue once a debt is due; this section lets the surety move earlier. A surety can sue the principal for indemnity against a debt or liability before it's even due, but only when grounds already exist elsewhere in this code for an order of arrest and bail, or for an attachment.
Frequently Asked Questions
Can a surety sue before the underlying debt is even due?
Yes, if grounds exist under this code for an order of arrest and bail, or for an attachment, the surety can sue the principal for indemnity before the debt is due.
What's the difference between this section and Section 1107?
Section 1107 lets a surety sue once the debt is due; this section lets the surety sue earlier, for indemnity, when arrest-and-bail or attachment grounds already exist.
Does the principal need to consent before a surety can sue early under this section?
No, consent isn't required — the surety can sue whenever arrest-and-bail or attachment grounds already exist under this code.
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 before debt due Oklahoma12 O.S. § 1108indemnity action surety before liability dueattachment grounds surety Oklahoma statute