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Current as of January 01, 2020 | Updated by FindLaw Staff
(a) As used in this section, “surety” includes guarantors, accommodation makers, accommodation indorsers, or others who undertake liability on the obligation and for the accommodation of another.
(b) When any surety is sued by the holder of the obligation, the court, on motion of the surety may join the principal as an additional party defendant, provided the principal is found to be or can be made subject to the jurisdiction of the court. Upon such joinder the surety shall have all rights, defenses, counterclaims, and setoffs which would have been available to him if the principal and surety had been originally sued together.
Cite this article: FindLaw.com - North Carolina General Statutes Chapter 26. Suretyship § 26-12. Joinder of debtor by surety - last updated January 01, 2020 | https://codes.findlaw.com/nc/chapter-26-suretyship/nc-gen-st-sect-26-12/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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