Del. Code 10, § 9576 : Courts And Judicial Procedures — Procedure — Civil Actions For Debt — Remedy against deceased surety; assignment of creditor's remedies to surety Date: 2 Sep 2016 TEXT PDF Current through 2016 Legislative Session, Act 399 (a) If a surety liable to execution dies before execution is issued, the creditor may proceed by scire facias upon such judgment and suretyship against the executors and administrators of such surety, and have judgment and execution as if the judgment had been a several judgment against such surety. (b) A surety paying a judgment, or the surety's executors, or administrators, shall in every case be entitled to an assignment thereof, and to all remedies thereon, so far as to reimburse the surety, which the creditor could use against the principal, or any joint surety, or their executors or administrators. Del. C. § 9576 Code 1852, § 2146; Code 1915, § 4038; Code 1935, § 4525; 10 Del. C. 1953, § 9583; 70 Del. Laws, c. 186, § 1.;