A surety may set off his claims against the creditor if the creditor is solvent.

Set Off

A legal defense that allows a debtor to counterbalance a claim from a creditor with a claim of their own against the creditor.

Solvent

The state of being able to meet all financial obligations as they come due.

Surety

A form of security or guarantee where a third party agrees to be responsible for the debt, default, or failure of another to fulfill an obligation.