Ohio Revised Code
Chapter 1341 | Sureties
Section 1341.04 | Sureties May Require Creditors to Sue.

Effective: October 1, 1953
Latest Legislation: House Bill 1 - 100th General Assembly
A person bound as surety in a written instrument for the payment of money or other valuable thing, if a right of action accrued thereon, may require his creditor, by notice in writing, to commence an action on such instrument forthwith against the principal debtor. Unless the creditor commences such action within a reasonable time thereafter, and proceeds with due diligence, in the ordinary course of law, to recover judgment against the principal debtor for the money or other valuable thing due thereby, and to make by execution the amount thereof, the creditor, or the assignee of such instrument, so failing to comply with the requisition of such surety, thereby shall forfeit the right which he otherwise would have to demand and receive of him the amount due thereon.

Structure Ohio Revised Code

Ohio Revised Code

Title 13 | Commercial Transactions

Chapter 1341 | Sureties

Section 1341.01 | Qualifications of Sureties.

Section 1341.02 | Sureties May Be Required to Testify Concerning Their Sufficiency.

Section 1341.03 | Certain Sureties Cannot Waive Their Rights.

Section 1341.04 | Sureties May Require Creditors to Sue.

Section 1341.05 | Representatives of Sureties.

Section 1341.06 | Limitations.

Section 1341.07 | Surety on Judgment May Revive.

Section 1341.08 | Sureties of County Officers May Apply to Be Discharged.

Section 1341.09 | Duty of Board of County Commissioners With Reference to Release of Sureties.

Section 1341.10 | Sureties for County Officers Not Released Until New Bond Filed.

Section 1341.11 | Sureties of Constable or Marshal May Apply to Be Discharged.

Section 1341.12 | Proceedings by Legislative Authority or Trustees.

Section 1341.13 | Sureties of Treasurer of School Fund May Apply to Be Discharged.

Section 1341.14 | Proceedings by Board of Education.

Section 1341.15 | Sureties for Treasurer of School Fund Not Released Until Bond Filed.

Section 1341.16 | Sureties of Township Officers May Apply to Be Discharged.

Section 1341.17 | Proceedings by Board of Township Trustees.

Section 1341.18 | Sureties for Township Officers Not Released Until Bond Filed.

Section 1341.19 | Sureties May Compel Principal to Pay Debt.

Section 1341.20 | Surety May Have Action for Indemnity Before Debt Due.

Section 1341.21 | Surety May Have Provisional Remedy.

Section 1341.22 | Joint Control of Moneys and Assets.