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8 sections in this chapter.
W. Va. Code § 45-1-1 Demand that creditor sue
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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…
W. Va. Code § 45-1-2 Discharge of surety, guarantor or indorser by failure of creditor to sue
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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 executio…
W. Va. Code § 45-1-3 Judgment, decree or recovery not binding on surety not party to proceeding
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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 wh…
W. Va. Code § 45-1-4 Remedy of bail, surety, guarantor, etc., making payment
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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…
W. Va. Code § 45-1-5 Principal's right to same defense against surety as against creditor
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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 rep…
W. Va. Code § 45-1-6 Contribution among cosureties and coguarantors
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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 wh…
W. Va. Code § 45-1-7 Deposit on contract for use or rental of property
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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 …
W. Va. Code § 45-1-8 Penalty for violation of §45-1-7
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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…
