No surety, when sued, can confess judgment or suffer judgment to pass by default if the principal debtor, on being notified of the pending action, is willing to defend the action at his own cost and give good and sufficient collateral security to the surety, to be approved by the court.
Structure Code of Alabama
Title 8 - Commercial Law and Consumer Protection.
Article 1 - General Provisions.
Section 8-3-1 - Relationship of Joint Makers of Notes, Bills, Etc.
Section 8-3-2 - Rights of Surety Who Has Paid Debt.
Section 8-3-3 - Remedies Given Sureties Not Exclusive.
Section 8-3-4 - Tender by Surety Discharges Surety.
Section 8-3-5 - Rights of Surety Against Principal Upon Payment of Debt.
Section 8-3-6 - Suretyship May Be Proved by Parol.
Section 8-3-7 - Rights of Surety Sued Separately and Paying Judgment.
Section 8-3-8 - Payments by Surety Pending Action.
Section 8-3-9 - Contribution by Cosureties.
Section 8-3-10 - Control of Judgment by Endorser Upon Payment of Debt.
Section 8-3-11 - Surety Paying Debt Subrogated to Rights of Creditor.
Section 8-3-12 - When Surety Not to Confess Judgment.
Section 8-3-14 - Provisions of Chapter Inure to Benefit of Personal Representatives.