---
title: O.C.G.A. § 10-7-42. Effect of judgment against surety.
collection: code
id: 10-7-42
cite_as: O.C.G.A. § 10-7-42 (2025)
canonical_url: https://georgiacommons.org/code/10-7-42
md_url: https://georgiacommons.org/code/10-7-42.md
text_url: https://georgiacommons.org/code/10-7-42/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t10-(v8)-2024-pdf.pdf?sfvrsn=1992b47e_0#page=1209
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/10-7.md
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: COMMERCE AND TRADE / SURETYSHIP / RIGHTS OF SURETY AGAINST PRINCIPAL, COSURETIES, AND THIRD PERSONS
---

# O.C.G.A. § 10-7-42. Effect of judgment against surety.

If the payment was made after judgment and the principal had notice of the pendency of the action against the surety, the amount of such judgment shall be conclusive against the principal as to the amount for which the surety was bound. If the payment was not made after judgment, the principal may dispute the validity of the payment as to the amount or as to the authority of the person to whom it was paid.

## History

Orig. Code 1863, § 2140; Code 1868, § 2135; Code 1873, § 2162; Code 1882, § 2162; Civil Code 1895, § 2981; Civil Code 1910, § 3553; Code 1933, § 103-303.