2020 US Code
Title 31 - Money and Finance
Subtitle VI - Miscellaneous
Chapter 93 - Sureties and Surety Bonds
Sec. 9309 - Priority of sureties

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Citation 31 U.S.C. § 9309 (2020)
Section Name §9309. Priority of sureties
Section Text

When a person required to provide a surety bond given to the United States Government is insolvent or dies having assets insufficient to pay debts, the surety, or the executor, administrator, or assignee of the surety paying the Government the amount due under the bond—

(1) has the same priority to amounts from the assets and estate of the person as are secured for the Government; and

(2) personally may bring a civil action under the bond to recover amounts paid under the bond.

Source Credit

(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1049.)

Editorial Notes
Historical and Revision Notes
Revised SectionSource (U.S. Code)Source (Statutes at Large)
9309 31:193. R.S. §3468.

In the section, before clause (1), the words "person required to provide a surety bond" are substituted for "principal in any bond" for clarity and consistency. The words "dies having assets insufficient to pay debts" are substituted for "whenever, such principal being deceased, his estate and effects which come to the hands of his executor, administrator, or assignee, are insufficient for the payment of his debts" to eliminate unnecessary words. The words "and, in either of such cases", "on the bond", and "such surety, his executor, administrator, or assignee" are omitted as unnecessary. Clause (1) is substituted for "shall have the like priority for the recovery and receipt of the moneys out of the estate and effects of such insolvent or deceased principal as is secured to the United States" to eliminate unnecessary words and for clarity. In clause (2), the words "and maintain" are omitted as surplus. The words "civil action" are substituted for "suit" for consistency. The words "in law or equity" are omitted as surplus.

Publication Title United States Code, 2018 Edition, Supplement 2, Title 31 - MONEY AND FINANCE
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 31 - MONEY AND FINANCE
SUBTITLE VI - MISCELLANEOUS
CHAPTER 93 - SURETIES AND SURETY BONDS
Sec. 9309 - Priority of sureties
Contains section 9309
Date 2020
Laws In Effect As Of Date January 13, 2021
Positive Law Yes
Disposition standard
Statutes at Large References 96 Stat. 1049
Public Law References Public Law 97-258
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