Section 38-1-104 – Rights on Paying Judgment.
38-1-104. Rights on paying judgment. When the surety on a judgment, who is certified therein to be such, or his personal representative pays the judgment, or any part thereof, he shall, to the extent of such payment, have all the rights and remedies against the principal debtor that the plaintiff had at the time of […]
Section 38-1-101 – Requiring Suit by Creditor.
38-1-101. Requiring suit by creditor. A person bound as surety in a written instrument for the payment of money, or other valuable thing, may, if right of action accrues thereon, require his creditor by a notice in writing, to commence an action on such instrument forthwith, against the principal debtor; and unless the creditor commences […]