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 condition or for the performance of some collateral undertaking, he shall also specify in such notice the breach of the condition or undertaking for which he requires suit to be brought.
Structure West Virginia Code
Chapter 45. Suretyship and Guaranty
Article 1. Sureties, Guarantors, Indorsers, Bail and Principals
§45-1-1. Demand That Creditor Sue
§45-1-2. Discharge of Surety, Guarantor or Indorser by Failure of Creditor to Sue
§45-1-3. Judgment, Decree or Recovery Not Binding on Surety Not Party to Proceeding
§45-1-4. Remedy of Bail, Surety, Guarantor, etc., Making Payment
§45-1-5. Principal's Right to Same Defense Against Surety as Against Creditor
§45-1-6. Contribution Among Cosureties and Coguarantors