Section 1502. Provisional remedies and defenses in subsequent action against co-obligor


Latest version.
  • A  subsequent  action  against  a  co-obligor  who  was not
      summoned in the original action must be maintained in order to procure a
      judgment enforceable against his individually held property for the  sum
      remaining  unpaid  upon  the original judgment, and such action shall be
      regarded as based upon the same obligation, contract or liability as the
      original judgment for the purpose of obtaining any  provisional  remedy.
      The  complaint in the subsequent action shall be verified. The defendant
      in the subsequent action may raise any defenses or counterclaims that he
      might have raised in the original action if the summons had been  served
      on  him  when  it  was  first  served  on  a  co-obligor,  and may raise
      objections to the original judgment, and defenses or counterclaims  that
      have arisen since it was entered.