---
title: O.C.G.A. § 11-3-116. Joint and several liability; contribution.
collection: code
id: 11-3-116
cite_as: O.C.G.A. § 11-3-116 (2025)
canonical_url: https://georgiacommons.org/code/11-3-116
md_url: https://georgiacommons.org/code/11-3-116.md
text_url: https://georgiacommons.org/code/11-3-116/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t11-(v9)-2022-pdf.pdf?sfvrsn=b5451bbd_0#page=360
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.
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current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: COMMERCIAL CODE / NEGOTIABLE INSTRUMENTS / GENERAL PROVISIONS AND DEFINITIONS
---

# O.C.G.A. § 11-3-116. Joint and several liability; contribution.

(a) Except as otherwise provided in the instrument, two or more persons who have the same liability on an instrument as makers, drawers, acceptors, indorsers who indorse as joint payees, or anomalous indorsers are jointly and severally liable in the capacity in which they sign.

(b) Except as provided in subsection (e) of Code Section 11-3-419 or by agreement of the affected parties, a party having joint and several liability who pays the instrument is entitled to receive from any party having the same joint and several liability contribution in accordance with applicable law.

(c) Discharge of one party having joint and several liability by a person entitled to enforce the instrument does not affect the right under subsection (b) of this Code section of a party having the same joint and several liability to receive contribution from the party discharged.

## History

Code 1981, § 11-3-116, enacted by Ga. L. 1996, p. 1306, § 3.

## Law Reviews

For article, “Wills, Trusts & Administration of Estates,” see 53 Mercer L. Rev. 499 (2001).