Legal Definitions - suit for exoneration

A suit for exoneration is a legal action taken by a surety to force a debtor to pay a creditor. This type of lawsuit is typically brought when the debtor has failed to pay their debts and the surety is left to cover the costs. If the debtor has acted fraudulently and is insolvent, a suit for exoneration may include additional remedies to ensure that the debtor's assets are used fairly to pay off their outstanding debts.

One example of a suit for exoneration might involve a contractor who has hired a subcontractor to complete a project. The subcontractor fails to complete the work and the contractor is left to cover the costs. The contractor may then file a suit for exoneration against the subcontractor to force them to pay for the work that was not completed.

Another example might involve a person who has co-signed a loan for a friend or family member. If the borrower fails to make payments on the loan, the co-signer may be left to cover the costs. The co-signer could then file a suit for exoneration against the borrower to force them to pay back the loan.

These examples illustrate how a suit for exoneration can be used to hold debtors accountable for their debts and ensure that sureties are not left to cover the costs of someone else's actions.