West Virginia § 45-1-1 Demand that creditor sue

West Virginia Statutes

§ 45-1-1 — Demand that creditor sue

West Virginia § 45-1-1

Ch. 45SURETYSHIP AND GUARANTY

Art. 1SURETIES, GUARANTORS, INDORSERS, BAIL AND PRINCIPALS

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Bluebook

W. Va. Code § 45-1-1 (2026).

Text

The surety, guarantor or indorser (or his committee or personal representative) of any person bound by any contract may, if a right of action has accrued thereon, require the creditor (or his committee or personal representative), by notice in writing, forthwith to institute suit thereon; and if he be bound in a bond with collateral condition or for the performance of some collateral undertaking, he shall also specify in such notice the breach of the condition or undertaking for which he requires suit to be brought.

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The surety, guarantor or indorser (or his committee or personal representative) of any person bound by any contract may, if a right of action has accrued thereon, require the creditor (or his committee or personal representative), by notice in writing, forthwith to institute suit thereon; and if he be bound in a bond with collateral condition or for the performance of some collateral undertaking, he shall also specify in such notice the breach of the condition or undertaking for which he requires suit to be brought.