California Codes, Civil Code - CIV, Division 4 — General Provisions, Part 2 — Special Relations of Debtor and Creditor, Title 1 — General Principles, Section 3433

Where a creditor is entitled to resort to each of several funds for the satisfaction of his claim, and another person has an interest in, or is entitled as a creditor to resort to some, but not all of them, the latter may require the former to seek satisfaction from those funds to which the latter has no such claim, so far as it can be done without impairing the right of the former to complete satisfaction, and without doing injustice to third persons.

Notes

Allows a person with an interest in, or creditor claim against, only some of several funds available to another creditor to require that creditor first to seek satisfaction from funds unavailable to the requesting person. The requirement applies only so far as it does not impair the first creditor’s full satisfaction or cause injustice to third persons.

Use as reference

Lexinter.net | California Code, Civil Code - CIV § 3433 | https://laws.lexinter.net/codes/california/civil-code/division-4/part-2/title-1/section-3433

Disclaimer: Codes available on Lexinter may not reflect the most current laws in your jurisdiction. We make no warranties regarding the accuracy, completeness, or adequacy of the information provided. Always verify the status of any code with your state legislature or official government sources before relying on it for legal purposes.