Sec. 7. No surety or representative of a surety shall confess judgment or suffer judgment, by default, in any case, when the surety or representative is notified that there is a valid defense, if the principal will:

(1) enter as a defendant to the action; and

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Terms Used In Indiana Code 34-22-1-7

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
(2) tender to the surety or the representative good security to indemnify him, to be approved by the court.

[Pre-1998 Recodification Citation: 34-1-55-7.]

As added by P.L.1-1998, SEC.17.