{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/49-26.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/49-26.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/49-26.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/49-26.html"}],"law_id":58769,"edition_id":1,"section_id":58769,"structure_id":15053,"section_number":"49-26","catch_line":"Effect of failure of creditor to sue","history":"Code 1919, \u00a7 5775; 1979, c. 664.","full_text":"If such creditor, or his committee or personal representative, shall not, within thirty days after such requirement, institute suit against every party to such contract who is resident in this Commonwealth and not insolvent and prosecute the same with due diligence to judgment and by execution, he shall forfeit his right to demand of such surety, guarantor or endorser or his estate, and of his cosureties and their estates, the money due by any such contract for the payment of money, or the damages sustained by any breach of the collateral condition or undertaking specified as aforesaid; but the conditions, rights and remedies against the principal debtor shall remain unimpaired thereby.","order_by":null,"text":{"0":{"id":215351,"text":"If such creditor, or his committee or personal representative, shall not, within thirty days after such requirement, institute suit against every party to such contract who is resident in this Commonwealth and not insolvent and prosecute the same with due diligence to judgment and by execution, he shall forfeit his right to demand of such surety, guarantor or endorser or his estate, and of his cosureties and their estates, the money due by any such contract for the payment of money, or the damages sustained by any breach of the collateral condition or undertaking specified as aforesaid; but the conditions, rights and remedies against the principal debtor shall remain unimpaired thereby.","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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/49-26\/","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":69561,"section_number":"49-25","catch_line":"Surety may require creditor to sue","order_by":null,"url":"\/49-25\/"}],"refers_to":false,"permalink":{"id":233283,"object_type":"law","relational_id":58769,"identifier":"49-26","token":"49\/3\/49-26","url":"\/49-26\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/49-26\/","token":"49\/3\/49-26","dublin_core":{"Title":"Effect of failure of creditor to sue","Type":"Text","Format":"text\/html","Identifier":"\u00a7 49-26","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

If such creditor<\/span>, or his committee or personal representative, shall not, within thirty days after such requirement, institute suit against every party<\/span> to such contract<\/span> who is resident in this Commonwealth and not insolvent and prosecute<\/span> the same with due diligence to judgment<\/span> and by execution, he shall forfeit his right to demand of such surety<\/span>, guarantor or endorser or his estate, and of his cosureties and their estates, the money due by any such contract<\/span> for the payment of money, or the damages<\/span> sustained by any breach of the collateral<\/span> condition or undertaking specified as aforesaid; but the conditions, rights and remedies against the principal debtor shall remain unimpaired thereby.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEFFECT OF FAILURE OF CREDITOR TO SUE (\u00a7 49-26)\n\nIf such creditor, or his committee or personal representative, shall not, within\nthirty days after such requirement, institute suit against every party to such\ncontract who is resident in this Commonwealth and not insolvent and prosecute\nthe same with due diligence to judgment and by execution, he shall forfeit his\nright to demand of such surety, guarantor or endorser or his estate, and of his\ncosureties and their estates, the money due by any such contract for the payment\nof money, or the damages sustained by any breach of the collateral condition or\nundertaking specified as aforesaid; but the conditions, rights and remedies\nagainst the principal debtor shall remain unimpaired thereby.\n\nHISTORY: Code 1919, \u00a7 5775; 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}}