Ky. Rev. Stat. » Chapter 413
Kentucky Revised Statutes

Ky. Rev. Stat. § 413.220 (2026)

Sureties who are discharged after seven years

✓ current as of May 2026
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(1) A surety shall be discharged from all liability under any judgment or decree, after the lapse of seven (7) years without the issue of execution and prosecution in good faith for collection. (2) A surety in any bond given in the course of any judicial proceeding shall be discharged from all liability on it unless suit is brought on it within seven (7) years after the cause of action accrues. (3) A surety in any obligation or contract, other than those provided for in KRS 413.230, shall be discharged from all liability on it unless suit is brought on it within seven (7) years after the cause of action accrues. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2548, 2549, 2551.

Notes of Decisions
Cited in 9 cases, 1947–2018 · leading case: Commonwealth, Nat. Resources & Env't Prot. Cabinet v. Kentucky Ins. Guar. Ass'n, 972 S.W.2d 276 (Ky. Ct. App. 1997).
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Commonwealth, Nat. Resources & Env't Prot. Cabinet v. Kentucky Ins. Guar. Ass'n, 972 S.W.2d 276 (Ky. Ct. App. 1997). · cites it 26× “This appeal raises several novel issues regarding the application of the seven-year limitations provision contained in KRS 413.220(3) to claims against the Kentucky Insurance Guaranty Association (“KIGA”) arising from the insolvencies of sureties which had issued surface mining…”
Gil Ruehl Mech., Inc. v. Hartford Fire Ins. Co., 164 S.W.3d 512 (Ky. Ct. App. 2004). · cites it 5× “Gil countered that KRS 413.220 represented the proper statute of limitation.”
Nat. Resources & Env't Prot. Cabinet v. Whitley Dev. Corp., 940 S.W.2d 904 (Ky. Ct. App. 1997). · cites it 2× “KRS 413.220(3). According to the court, this is so even though the cabinet might eventually be able to declare a forfeiture against Whitley “after proper administrative proceedings.”
W. Sur. Co. v. City of Nicholasville, 552 S.W.3d 101 (Ky. Ct. App. 2018). “That language significantly shortened the seven-year window for filing suit on a surety bond stated in KRS 413.220. When the bonds were issued, however, no objection to this term was voiced by JC-CWJPC, nor was it questioned by City.”
Liberty Nat. Bank & Trust Co. v. Kummert, 205 S.W.2d 342 (Ky. Ct. App. 1947). “Kummert filed an answer pleading that he was surety on the note for Conn and that more than seven years had elapsed “without the issue of execution or prosecution in good faith for collection of said claim,” and that the judgment was barred by the limitation provided by KRS…”
Chapman Drug Co. v. Green, 685 S.W.2d 204 (Ky. Ct. App. 1984). · cites it 4× “The court adjudged that appellees’ decedent signed a promissory note as an accommodation indorser, and that appellant’s action to enforce the note is barred by KRS 413.220(3), the seven-year statute of limitations governing contractual liabilities of sureties.”
Lipski v. Brooks, 219 S.W.2d 1000 (Ky. Ct. App. 1949). “Appellees pleaded in bar of appellant’s right to recover from them KRS 413.220(3), which reads: “A surety in any obligation or contract, other than those provided for in KRS 413.”
Dinsmore v. Warfield, 295 S.W.2d 566 (Ky. Ct. App. 1956). “They allege they signed the mortgage as sureties only and claim they are therefore discharged from all liability because suit was ■not brought within the time prescribed by KRS 413.220(3), the 7-year statute of limitations.”
Ladd v. Overcast, 386 S.W.2d 949 (Ky. Ct. App. 1965). “200 and KRS 413.220(1), (2), and (3), it is obvious that the Legislature intended to require creditors to bring their actions on claims against the heirs and devisees of a decedent jointly with decedent’s personal representative, or against his heirs and devisees alone, within…”
— Ky. Rev. Stat. § 413.220(1) — 1 case
Ladd v. Overcast, 386 S.W.2d 949 (Ky. Ct. App. 1965). “200 and KRS 413.220(1), (2), and (3), it is obvious that the Legislature intended to require creditors to bring their actions on claims against the heirs and devisees of a decedent jointly with decedent’s personal representative, or against his heirs and devisees alone, within…”
— Ky. Rev. Stat. § 413.220(3) — 5 cases
Commonwealth, Nat. Resources & Env't Prot. Cabinet v. Kentucky Ins. Guar. Ass'n, 972 S.W.2d 276 (Ky. Ct. App. 1997). “This appeal raises several novel issues regarding the application of the seven-year limitations provision contained in KRS 413.220(3) to claims against the Kentucky Insurance Guaranty Association (“KIGA”) arising from the insolvencies of sureties which had issued surface mining…”
Nat. Resources & Env't Prot. Cabinet v. Whitley Dev. Corp., 940 S.W.2d 904 (Ky. Ct. App. 1997). “KRS 413.220(3). According to the court, this is so even though the cabinet might eventually be able to declare a forfeiture against Whitley “after proper administrative proceedings.”
Chapman Drug Co. v. Green, 685 S.W.2d 204 (Ky. Ct. App. 1984). “The court adjudged that appellees’ decedent signed a promissory note as an accommodation indorser, and that appellant’s action to enforce the note is barred by KRS 413.220(3), the seven-year statute of limitations governing contractual liabilities of sureties.”
Lipski v. Brooks, 219 S.W.2d 1000 (Ky. Ct. App. 1949). “Appellees pleaded in bar of appellant’s right to recover from them KRS 413.220(3), which reads: “A surety in any obligation or contract, other than those provided for in KRS 413.”
Dinsmore v. Warfield, 295 S.W.2d 566 (Ky. Ct. App. 1956). “They allege they signed the mortgage as sureties only and claim they are therefore discharged from all liability because suit was ■not brought within the time prescribed by KRS 413.220(3), the 7-year statute of limitations.”
— Ky. Rev. Stat. § 413.220(B) — 1 case
Nat. Resources & Env't Prot. Cabinet v. Whitley Dev. Corp., 940 S.W.2d 904 (Ky. Ct. App. 1997). “KRS 413.220(3). According to the court, this is so even though the cabinet might eventually be able to declare a forfeiture against Whitley “after proper administrative proceedings.”
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