Tex. Civ. Practice & Remedies Code Section 17.001
Suit on Contract with Several Obligors or Parties Conditionally Liable

(a)

Except as provided by this section, the acceptor of a bill of exchange or a principal obligor on a contract may be sued alone or jointly with another liable party, but a judgment may not be rendered against a party not primarily liable unless judgment is also rendered against the principal obligor.

(b)

The assignor, endorser, guarantor, or surety on a contract or the drawer of an accepted bill may be sued without suing the maker, acceptor, or other principal obligor, or a suit against the principal obligor may be discontinued, if the principal obligor:

(1)

is a nonresident or resides in a place where he cannot be reached by the ordinary process of law;

(2)

resides in a place that is unknown and cannot be ascertained by the use of reasonable diligence;

(3)

is dead; or

(4)

is actually or notoriously insolvent.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Source: Section 17.001 — Suit on Contract with Several Obligors or Parties Conditionally Liable, https://statutes.­capitol.­texas.­gov/Docs/CP/htm/CP.­17.­htm#17.­001 (accessed May 26, 2025).

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May 26, 2025

§ 17.001. Suit on Contract with Several Obligors or Parties Conditionally Liable's source at texas​.gov