1. (a) This section applies to a:

   1. (1) defendant-surety in a:

      1. (A) judgment;
      2. (B) special bail; or
      3. (C) replevin bail;
   2. (2) surety in a delivery bond or replevin bond; or
   3. (3) person who is a surety in any undertaking.

2. (b) This section does not apply to a sheriff, officer, or surety providing bond in an official capacity who:

   1. (1) fails to pay over money collected; or
   2. (2) wastes property upon which the sheriff, officer, or surety has levied.

3. (c) When a person described in subsection (a):

   1. (1) is compelled to pay a judgment, or part of a judgment;
   2. (2) makes any payment which is applied to a judgment by reason of the person's suretyship; or

   3. (3) is compelled, by reason of a default of a sheriff, officer or surety providing bond in an official capacity, to pay a judgment, or part of a judgment;

      the judgment is not discharged by the payment.

4. (d) However, the judgment remains in force for the use of the bail, surety, officer, or other person making the payment, and after the plaintiff is paid, so much of the judgment as remains unsatisfied may be prosecuted to execution for use by the person making the payment.

   [Pre-1998 Recodification Citation: 34-1-55-5.]

As added by P.L.1-1998, SEC.17.