Georgia § 10-7-24 - Refusal to sue principal after notice by surety as discharge.

§ 10-7-24. Refusal to sue principal after notice by surety as discharge.

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. (Laws 1826, Cobb's 1851 Digest, p. 595; Laws 1831, Cobb's 1851 Digest, p. 596; Ga. L. 1859, p. 54, § 1; Code 1863, § 2133; Ga. L. 1866, p. 23, § 1; Code 1868, § 2128; Code 1873, § 2156; Code 1882, § 2156; Civil Code 1895, § 2974; Civil Code 1910, § 3546; Code 1933, § 103-205; Ga. L. 1994, p. 746, § 1.) Law reviews. - For article surveying developments in Georgia commercial law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 33 (1981). For article, "A Georgia Practitioner's Guide to Construction Performance Bond Claims," see 60 Mercer L. Rev. 509 (2010).