Minnesota Statutes

Minn. Stat. § 548.21 (2026)

Discharge Of Joint Debtor

✓ current as of May 2026

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A creditor who has a debt, demand, or judgment against a copartnership, or several joint obligors, promisors, or debtors, may discharge one or more of such copartners, obligors, promisors, or debtors, without impairing the creditor's right to recover the residue of the debt or demand against the others, or preventing the enforcement of the proportionate share of any undischarged under such judgment. The discharge shall have the effect of a payment by the party discharged of the party's equal share of the debt, according to the number of debtors, aside from sureties. Such discharge shall not affect the liability of such copartners, obligors, promisors, or debtors to each other. In an action by the creditor to recover against those not discharged, the complaint shall set forth that the contract was made with the defendants and the party discharged, and that such party has been discharged.

Notes of Decisions

Cited in 3 cases, 1996–2001 · leading case: Colantuno v. A. Tenenbaum & Co., Inc., 23 P.3d 708 (Colo. 2001).

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Colantuno v. A. Tenenbaum & Co., Inc., 23 P.3d 708 (Colo. 2001). · cites it 4× “Minn.Stat. § 548.21 (2000). That statute also provides that the "discharge shall have the effect of a payment by the party discharged of the party's equal share of the debt, according to the number of debtors, aside from sureties.”

Schiffer v. United Grocers, Inc., 989 P.2d 10 (Or. 1999). · cites it 2× “Minnesota: Minn Stat Ann § 548.21 (West 1988 and Supp 1999) ("A creditor who has a debt, demand, or judgment against a copartnership, or several joint obligors, promisors, or debtors, may discharge one or more of such copartners, obligors, promisors, or debtors, without…”

State Inc. v. Sumpter & Williams, 553 N.W.2d 719 (Minn. Ct. App. 1996). · cites it 4× “Minn.Stat. § 548.21 (1994) (emphasis added).”

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