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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 31 U.S.C. § 9309 Priority of sureties us united_states_code code_section 31 MONEY AND FINANCE 93 SURETIES AND SURETY BONDS 9309 31 U.S.C. § 9309 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc31@119-100.zip /us/usc/t31/s9309 data/legal/raw/us/code/title-31/usc31.xml 4d4451fbefd117026e23029d115de02eb184702c670a3c339c74a0537c6fd37d 94d3fba324cbbc12277242f872f8f47cff5250dbcdc0057fe857212764e4b704 7ab9f62869b8f24a8c311b549c2f8b4ca3958a359b601379e4c73fd5e9bf2f0c 2026-07-04 official
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31 U.S.C. § 9309 - Priority of sureties

Text

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.

(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 1049.)

Notes

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.