(a) A surety upon any contract for the payment of money or for the delivery or payment of personal property may require the creditor or anyone having the beneficial interest in the contract, by notice in writing, to bring an action thereon against the principal debtor or against any cosurety to such contract.
(b) If an action is not brought thereon in three months after the receipt of such notice and prosecuted with diligence according to the ordinary course of law, the surety giving such notice is discharged from all liability as surety or his aliquot proportion of the debt, as the case may be.
(c) One surety may give the notice in behalf of his cosureties.
(d) The remedy secured by this section does not apply to bonds or other contracts with collateral conditions, nor to the bonds of executors, administrators, guardians, or public officers.
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.