45-1-1 Demand that creditor sue
45-1-2 Discharge of surety, guarantor or indorser by failure of creditor to sue
45-1-3 Judgment, decree or recovery not binding on surety not party to proceeding
45-1-4 Remedy of bail, surety, guarantor, etc., making payment
45-1-5 Principal’s right to same defense against surety as against creditor
45-1-6 Contribution among cosureties and coguarantors
45-1-7 Deposit on contract for use or rental of property
45-1-8 Penalty for violation of §45-1-7
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Terms Used In West Virginia Code > Chapter 45 > Article 1 - Sureties, Guarantors, Indorsers, Bail and Principals

  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • in writing: includes any representation of words, letters, or figures, whether by printing, engraving, writing, or otherwise. See West Virginia Code 2-2-10
  • Judgment: includes decrees and orders for the payment of money, or the conveyance or delivery of land or personal property, or some interest therein, or any undertaking, bond or recognizance which has the legal effect of a judgment. See West Virginia Code 2-2-10
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
  • Trustee: A person or institution holding and administering property in trust.