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Current as of December 30, 2022 | Updated by FindLaw Staff
(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.
Cite this article: FindLaw.com - Alabama Code Title 8. Commercial Law and Consumer Protection § 8-3-13 - last updated December 30, 2022 | https://codes.findlaw.com/al/title-8-commercial-law-and-consumer-protection/al-code-sect-8-3-13/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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