Section 38-1-107 – Compelling Principal to Pay Debt.
38-1-107. Compelling principal to pay debt. A surety may maintain an action against his principal to compel him to discharge the debt or liability, for which the surety is bound, after the same becomes due.
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 […]