The principal should always be exhausted before coming upon the sureties.

Explanation

(English-origin maxim.) The creditor must first exhaust his remedy against the principal debtor before pursuing the surety — the guarantor's liability is secondary, not primary.

Where this applies

• A creditor goes directly after a co-signer without first trying to collect from the person who actually took out the loan — the court says the primary borrower must be pursued first.
• A bank tries to seize a guarantor's assets before making any attempt to collect from the original debtor, and the court blocks the action.
• A landlord sues a lease guarantor for unpaid rent without first demanding payment from the tenant, and the guarantor argues the principal must be exhausted before the surety is pursued.