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Home » US Law » 2022 West Virginia Code » Chapter 45. Suretyship and Guaranty » Article 1. Sureties, Guarantors, Indorsers, Bail and Principals

§45-1-1. Demand That Creditor Sue

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 […]

§45-1-2. Discharge of Surety, Guarantor or Indorser by Failure of Creditor to Sue

If such creditor or his committee or representative shall not, within a reasonable time after such notice, institute suit against every party to such contract who is a resident in this state, and not insolvent, and prosecute the same with due diligence to judgment and by execution, he shall forfeit his right to demand of […]

§45-1-3. Judgment, Decree or Recovery Not Binding on Surety Not Party to Proceeding

Whether the surety, guarantor or indorser (or his committee or personal representative) shall have given notice as provided in the first section of this article or not, no judgment, decree or recovery rendered, entered, or had in any suit, action, prosecution or proceeding, to which the surety, guarantor or indorser (or his committee or personal […]

§45-1-4. Remedy of Bail, Surety, Guarantor, etc., Making Payment

If any person liable as bail, surety, guarantor or endorser, or any sheriff liable for not taking sufficient bail, or the committee, heir, or personal representative of any so liable, shall pay, in whole or in part, any judgment, decree or execution rendered or awarded on account of such liability, the person having right of […]

§45-1-5. Principal's Right to Same Defense Against Surety as Against Creditor

If any such surety (other than bail), or his committee, heir or personal representative, shall confess judgment or suffer judgment to go against him by default, without giving notice to his principal (if the principal be a resident of this state), or his committee or personal representative, to defend the suit, and after such principal, […]

§45-1-6. Contribution Among Cosureties and Coguarantors

If the principal debtor be insolvent, any surety or guarantor (or his committee, personal representative or heir) against whom a judgment or decree has been rendered on the contract in which he was surety or guarantor, may obtain a judgment or decree by motion, in the court in which such judgment or decree was rendered, […]

§45-1-7. Deposit on Contract for Use or Rental of Property

Whenever money shall be deposited or advanced on a contract for the use or rental of personal property thereafter to be delivered, as security for performance of the contract or to be applied to payments upon such contract when due, and such contract is between a citizen of this state and a nonresident thereof, such […]

§45-1-8. Penalty for Violation of §45-1-7

Any person violating any provision of the next preceding section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than one hundred nor more than $1,000, and, at the discretion of the court, may be confined in jail not more than one year. The officer or agent of any […]