Oath of Surety Law & Legal Definition
An oath of surety is the surety’s solemn promise that he/she speaks truly and sincerely intends to do what he/she says. It is a solemn attestation of the truth or sacredness of the surety’s words. It is said to be a promise corroborated by an oath. The oath of surety is usually executed in the form of an affidavit. The format of the affidavits vary by state.
A surety is a person obligated by a contract under which one person agrees to pay a debt or perform a duty if the other person who is bound to pay the debt or perform the duty fails to do so. Usually, the party receiving the surety's performance will first try to collect or obtain performance from the debtor before trying to collect from the surety. A surety is often found, for example, when someone is required to post a bond to secure a promise.
Oaths of surety can be given in both civil and criminal matters.
For example, Tex. Code Crim. Proc. art. 7.05 states that the officer taking bail bonds shall require the sureties of the accused to make oath as to the value of their property as pointed out with regard to bail bonds. Such officer shall forthwith deposit such bond and oaths in the office of the clerk of the county where such bond is taken.
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