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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>58769</law_id><section_number>49-26</section_number><catch_line>Effect of failure of creditor to sue</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>49-25</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="49">Oaths, Affirmations and Bonds</unit><unit label="chapter" level="2" order_by="1" identifier="3">Relief of Sureties</unit></structure><text>
						<section><p>If such <span class="dictionary">creditor</span>, or his committee or personal representative, shall not, within thirty days after such requirement, institute suit against every <span class="dictionary">party</span> to such <span class="dictionary">contract</span> who is resident in this Commonwealth and not insolvent and <span class="dictionary">prosecute</span> the same with due diligence to <span class="dictionary">judgment</span> and by execution, he shall forfeit his right to demand of such <span class="dictionary">surety</span>, guarantor or endorser or his estate, and of his cosureties and their estates, the money due by any such <span class="dictionary">contract</span> for the payment of money, or the <span class="dictionary">damages</span> sustained by any breach of the <span class="dictionary">collateral</span> condition or undertaking specified as aforesaid; but the conditions, rights and remedies against the principal debtor shall remain unimpaired thereby.</p></section></text><history>Code 1919, &#xA7; 5775; 1979, c. 664.</history><metadata></metadata></law>
