Code of Alabama
Ala. Code § 8-3-1 (2026)
Relationship of Joint Makers of Notes, Bills, Etc.
✓ official Alabama Legislature (ALISON) text, current July 2026
Joint makers of notes, bills, bonds, or contracts for the payment of money are bound severally and jointly to the payee, transferee, or holder, jointly and severally, for the full amount due; but as between themselves, each is principal to the extent of his share of the joint and several debt and surety to the extent of the shares of the other makers.
(Code 1907, §5384; Code 1923, §9543; Code 1940, T. 9, §77.)
Notes of Decisions
Cited in 6
cases, 1997–2014 · leading case: Hammock v. Hammock, 867 So. 2d 355 (Ala. Civ. App. 2003).
Hammock v. Hammock, 867 So. 2d 355 (Ala. Civ. App. 2003). “I write specially to note the potential applicability of Ala.Code 1975, § 8-3-1, to the parties' situation concerning the mobile-home debt: "Joint makers of notes, bills, bonds, or contracts for the payment of money are bound severally and jointly to the payee, transferee, or…”
Nat. Am. Ins. Co. v. Boh Bros. Const. Co., 700 So. 2d 1363 (Ala. 1997). “) Section 8-3-2 is part of Chapter Three, "Suretyship," §§ 8-3-1 to -42; Chapter Three, in turn, constitutes a portion of Title Eight, "Commercial Law and Consumer Protection.”
Johnson Controls, Inc. v. Liberty Mut. Ins. Co., 160 So. 3d 249 (Ala. 2014). “See § 8-3-1 et. seq., Ala.Code 1975 (stating the rights of a surety who pays a principal’s debts).”
Ronald L. Cooper v. MTA, Inc., 166 So. 3d 106 (Ala. 2014). “Although the statute in question sets out remedies between ‘sureties,’ it has been clearly established in Alabama that the terms ‘surety’ and ‘guarantor’ are interchangeable in this context.”
Cochran v. Pated, 712 So. 2d 1099 (Ala. Civ. App. 1998). “” We note that § 8-3-1, Ala.Code 1975, states: “Joint makers of notes, bills, bonds, or contracts.”
Logan v. Rogers, 880 So. 2d 1170 (Ala. Civ. App. 2003). “, concurring specially) (quoting § 8-3-1, Ala.Code 1975). To the extent that the former husband may have failed or refused *1176 to pay his share of the joint debt, and to the extent that the former wife may pay or have paid more than her share of that debt, the former wife may…”
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