Title 31Money and FinanceRelease 119-73

§9309 Priority of sureties

Title 31 › Subtitle SUBTITLE VI— - MISCELLANEOUS › Chapter CHAPTER 93— - SURETIES AND SURETY BONDS › § 9309

Last updated Apr 6, 2026|Official source

Summary

If someone who gave a bond to the U.S. dies or can't pay their debts, the party who pays the government gets the same claim on that person's assets that the government had, and may sue to recover what it paid.

Full Legal Text

Title 31, §9309

Money and Finance — Source: USLM XML via OLRC

When a person required to provide a surety bond given to the United States Government is insolvent or dies having assets insufficient to pay debts, the surety, or the executor, administrator, or assignee of the surety paying the Government the amount due under the bond—
(1)has the same priority to amounts from the assets and estate of the person as are secured for the Government; and
(2)personally may bring a civil action under the bond to recover amounts paid under the bond.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 930931:193.R.S. § 3468. In the section, before clause (1), the words “person required to provide a surety bond” are substituted for “principal in any bond” for clarity and consistency. The words “dies having assets insufficient to pay debts” are substituted for “whenever, such principal being deceased, his estate and effects which come to the hands of his executor, administrator, or assignee, are insufficient for the payment of his debts” to eliminate unnecessary words. The words “and, in either of such cases”, “on the bond”, and “such surety, his executor, administrator, or assignee” are omitted as unnecessary. Clause (1) is substituted for “shall have the like priority for the recovery and receipt of the moneys out of the estate and effects of such insolvent or deceased principal as is secured to the United States” to eliminate unnecessary words and for clarity. In clause (2), the words “and maintain” are omitted as surplus. The words “civil action” are substituted for “suit” for consistency. The words “in law or equity” are omitted as surplus.

Reference

Citations & Metadata

Citation

31 U.S.C. § 9309

Title 31Money and Finance

Last Updated

Apr 6, 2026

Release point: 119-73