A surety can use any defenses available to a debtor to avoid liability on the debt.

Question

Quizplus · Accepted Answer

Yes, a surety is entitled to use any defense that the debtor can use against the creditor to avoid liability on the debt. This is known as the principle of suretyship defenses. The surety can raise defenses such as discharge of the debt, breach of contract, fraud, duress, unconscionability, and others to avoid liability on the debt.

A Surety Can Use Any Defenses Available to a Debtor