Rule 31.Surety Not to Be Sued Alone
Last verified June 28, 2026
Full Text of Rule 31
Plain-English Summary
Rule 31 protects a surety from facing suit by itself. A surety stands behind someone else's obligation, and the rule says you cannot sue the surety without also pursuing the principal — the party primarily on the hook. The creditor must either join the principal in the same suit or already hold a judgment against the principal.
The rule gives way where the law or another rule provides for suing the surety alone.
Frequently Asked Questions
Can you sue a surety without the principal in Texas?
Generally no. Under Rule 31, the principal must be joined in the same suit, or a judgment must already exist against the principal, unless the law or these rules provide an exception.
What if a judgment already exists against the principal?
Then Rule 31 does not require joining the principal again. A creditor holding a prior judgment against the principal may sue the surety alone.
Does Rule 31 apply if a statute allows suing the surety alone?
No. Rule 31 gives way where the law or another rule provides for suing the surety alone, so its joinder requirement does not stand in the way of that exception.