Title 10, Chapter 7, Section 24
( 10-7-24)
Any surety, guarantor, or endorser, at any time after the debt on
which he or she is liable becomes due, may give notice in writing to
the creditor, his or her agent, or any person having possession or
control of the obligation, to proceed to collect the debt from the
principal or any one of the several principals liable therefor; and,
if the creditor or holder refuses or fails to commence an action for
the space of three months after such notice (the principal being
within the jurisdiction of this state), the endorser, guarantor, or
surety giving the notice, as well as all subsequent endorsers and
all cosureties, shall be discharged. To comply with the requirements
of this Code section, the notice must specifically state that the
creditor loses his or her rights to pursue the surety, guarantor, or
endorser, as well as any cosureties, coguarantors, or endorsers, if
the creditor does not commence legal action within three months
after receiving the notice. Further, any notice which does not
state the county in which the principal resides shall not be
considered to be in compliance with the requirements of this Code
section. |