{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/49-25.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/49-25.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/49-25.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/49-25.html"}],"law_id":69561,"edition_id":1,"section_id":69561,"structure_id":15053,"section_number":"49-25","catch_line":"Surety may require creditor to sue","history":"Code 1919, \u00a7 5774; 1979, c. 664.","full_text":"The surety, guarantor or endorser, 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, to institute suit thereon, and if he be bound in a bond with a condition, or for the performance of some collateral undertaking, he shall also specify in such requirement the breach of the condition or undertaking for which he requires suit to be brought. Such written notice shall also notify the creditor, his committee or personal representative, that failure to act will result in the loss of the surety, guarantor or endorser, his committee or personal representative as security for the debt in accordance with \u00a7 49-26.","order_by":null,"text":{"0":{"id":251479,"text":"The surety, guarantor or endorser, 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, to institute suit thereon, and if he be bound in a bond with a condition, or for the performance of some collateral undertaking, he shall also specify in such requirement the breach of the condition or undertaking for which he requires suit to be brought. Such written notice shall also notify the creditor, his committee or personal representative, that failure to act will result in the loss of the surety, guarantor or endorser, his committee or personal representative as security for the debt in accordance with \u00a7 49-26.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":15053,"edition_id":1,"name":"Relief of Sureties","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":13404,"metadata":{},"date_created":"2026-06-26 03:51:48","date_modified":"2026-06-26 03:51:48","permalink":{"id":233265,"object_type":"structure","relational_id":15053,"identifier":"3","token":"49\/3","url":"\/49\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13404,"edition_id":1,"name":"Oaths, Affirmations and Bonds","identifier":"49","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:50","date_modified":"2026-06-26 03:44:50","permalink":{"id":233171,"object_type":"structure","relational_id":13404,"identifier":"49","token":"49","url":"\/49\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":86695,"structure_id":15053,"section_number":"49-22","catch_line":"Sureties on official bonds","url":"\/49-22\/","token":"49\/3\/49-22","metadata":false},{"id":77695,"structure_id":15053,"section_number":"49-23","catch_line":"Surety on bond given under decree of court for payment of money","url":"\/49-23\/","token":"49\/3\/49-23","metadata":false},{"id":62268,"structure_id":15053,"section_number":"49-24","catch_line":"Failure of officer to give new bond","url":"\/49-24\/","token":"49\/3\/49-24","metadata":false},{"id":69561,"structure_id":15053,"section_number":"49-25","catch_line":"Surety may require creditor to sue","url":"\/49-25\/","token":"49\/3\/49-25","metadata":false},{"id":58769,"structure_id":15053,"section_number":"49-26","catch_line":"Effect of failure of creditor to sue","url":"\/49-26\/","token":"49\/3\/49-26","metadata":false},{"id":65238,"structure_id":15053,"section_number":"49-27","catch_line":"Surety's remedy against principal for money paid","url":"\/49-27\/","token":"49\/3\/49-27","metadata":false},{"id":66180,"structure_id":15053,"section_number":"49-28","catch_line":"Confession of judgment by surety or failure to notify principal to defend","url":"\/49-28\/","token":"49\/3\/49-28","metadata":false},{"id":57392,"structure_id":15053,"section_number":"49-29","catch_line":"Failure of principal to offer to defend suit against surety","url":"\/49-29\/","token":"49\/3\/49-29","metadata":false}],"previous_section":{"id":62268,"structure_id":15053,"section_number":"49-24","catch_line":"Failure of officer to give new bond","url":"\/49-24\/","token":"49\/3\/49-24","metadata":false},"next_section":{"id":58769,"structure_id":15053,"section_number":"49-26","catch_line":"Effect of failure of creditor to sue","url":"\/49-26\/","token":"49\/3\/49-26","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/49-25\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 1979, chapter 664.<\/p>","references":[{"id":85387,"section_number":"65.2-802","catch_line":"Requirements for licensure as group self-insurance association; annual assessment","order_by":null,"url":"\/65.2-802\/"}],"refers_to":[{"id":58769,"section_number":"49-26","catch_line":"Effect of failure of creditor to sue","order_by":null,"url":"\/49-26\/"}],"permalink":{"id":233279,"object_type":"law","relational_id":69561,"identifier":"49-25","token":"49\/3\/49-25","url":"\/49-25\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/49-25\/","token":"49\/3\/49-25","dublin_core":{"Title":"Surety may require creditor to sue","Type":"Text","Format":"text\/html","Identifier":"\u00a7 49-25","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The surety<\/span>, guarantor or endorser, or his committee or personal representative, of any person bound by any contract<\/span> may, if a right of action has accrued thereon, require the creditor<\/span> or his committee or personal representative, by notice in writing, to institute suit thereon, and if he be bound in a bond<\/span> with a condition, or for the performance of some collateral<\/span> undertaking, he shall also specify in such requirement the breach of the condition or undertaking for which he requires suit to be brought. Such written notice shall also notify the creditor<\/span>, his committee or personal representative, that failure to act will result in the loss of the surety<\/span>, guarantor or endorser, his committee or personal representative as security for the debt in accordance with \u00a7 49-26<\/a>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSURETY MAY REQUIRE CREDITOR TO SUE (\u00a7 49-25)\n\nThe surety, guarantor or endorser, or his committee or personal representative,\nof any person bound by any contract may, if a right of action has accrued\nthereon, require the creditor or his committee or personal representative, by\nnotice in writing, to institute suit thereon, and if he be bound in a bond with\na condition, or for the performance of some collateral undertaking, he shall\nalso specify in such requirement the breach of the condition or undertaking for\nwhich he requires suit to be brought. Such written notice shall also notify the\ncreditor, his committee or personal representative, that failure to act will\nresult in the loss of the surety, guarantor or endorser, his committee or\npersonal representative as security for the debt in accordance with \u00a7 49-26.\n\nHISTORY: Code 1919, \u00a7 5774; 1979, c. 664.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}