§ 47-12-101. Notice Requiring Creditor to Sue — Creditor’s Inaction

When any surety by bill, bond, covenant, or nonnegotiable note for the payment of money or note for specific articles, other than the surety of a guardian, executor, administrator, or public officer, or guarantor of negotiable paper, apprehends that the principal is likely to become insolvent, or to migrate from the state, without previously discharging […]

§ 47-12-102. Proof of Notice

The surety shall prove by two (2) witnesses the service on the creditor of a copy of the notice required by § 47-12-101. Code 1858, § 1969 (deriv. Acts 1801, ch. 18, § 4); Shan., § 3518; mod. Code 1932, § 7527; T.C.A. (orig. ed.), § 47-702.

§ 47-12-103. Death of Parties

Sections 47-12-101 and 47-12-102 shall extend to the representatives of the parties in case of the death of either, or both. Code 1858, § 1970 (deriv. Acts 1801, ch. 18, § 2); Shan., § 3519; mod. Code 1932, § 7528; T.C.A. (orig. ed.), § 47-703.

§ 47-12-104. Assignor or Endorser

The assignor or endorser of any such bond, bill, or note, may pursue the same course with like effect in order to discharge such assignor or endorser from liability to the assignee of the bond, bill, or note. Code 1858, § 1971 (deriv. Acts 1801, ch. 18, § 3); Shan., § 3520; mod. Code 1932, […]

§ 47-12-105. Creditor’s Rights Against Debtor Preserved

The rights and remedies of the creditor against the principal debtor shall be in no way affected by this chapter. Code 1858, § 1972 (deriv. Acts 1801, ch. 18, § 6); Shan., § 3521; Code 1932, § 7530; T.C.A. (orig. ed.), § 47-705.

§ 47-12-106. Stay of Execution

When the principal and surety, or endorser, are sued, and the execution is stayed without the request or consent of the surety or endorser, the stayor shall be liable, in default of the principal debtor, to pay the debt and costs of judgment and in priority to the first surety or endorser, unless the first […]

§ 47-12-107. Continuing Guaranty or Suretyship Agreements — Future Obligations

Notwithstanding any law to the contrary, no continuing guaranty or suretyship agreement which guarantees the performance of all present and future obligations shall be enforceable against a surety unless the individual or organization agrees in writing to guarantee the future obligation; provided, that no additional writing or guarantee shall be required, at the time of […]