Art. 5151 Discussion defined

If you are a secondary obligor (meaning someone who only has to pay a debt if the main person responsible does not pay), you have a right called "discussion." This right lets you tell the creditor to first go after the property of the main person who owes the debt, before coming after your property.

This matters most when there is a mortgage involved. If the debt is backed by a legal or judicial mortgage on certain property, the creditor has to try to collect from that property first. Only after that should the creditor be allowed to pursue your assets to satisfy the debt.

In simple terms, this rule protects people who are only secondarily responsible for a debt. It makes sure the person or property primarily responsible gets pursued first, so you are not forced to pay before the creditor has tried to collect from the main source.