West Virginia § 45-1-5 - 45-1-5. Principal's right to same defense against surety as against creditor.
Full text of West Virginia West Virginia Code § 45-1-5 — 45-1-5. Principal's right to same defense against surety as against creditor., with citation guidance and answers to common questions.
§ 45-1-5. 45-1-5. Principal's right to same defense against surety as against creditor.
If any such surety (other than bail), or his committee, heir or personal representative, shall confess judgment or suffer judgment to go against him by default, without giving notice to his principal (if the principal be a resident of this state), or his committee or personal representative, to defend the suit, and after such principal, his committee or personal representative offers to defend the suit, and tenders counter security, approved by the court in which the suit is pending, such principal, or his committee, heirs or representative, may have the benefit of every defense against the motion or suit of such surety or his committee, representative or heirs, against him that he might have had against the creditor. And in all cases in which any principal debtor, or his committee, representative or heirs, knowing of the pendency of any suit against his surety or the committee, heir or personal representative of such surety shall not offer to defend such suit, he shall be precluded from making any defense to the claim of the surety which he might have made against the suit of the creditor.
Source: official West Virginia text · Last verified 2026-08-27
Frequently Asked Questions About West Virginia § 45-1-5
What does West Virginia Code § 45-1-5 cover?
Section 45-1-5 ("45-1-5. Principal's right to same defense against surety as against creditor.") is part of the West Virginia Code, the codified statutory law of West Virginia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite West Virginia § 45-1-5?
A common citation format is "West Virginia Code § 45-1-5" (West Virginia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of West Virginia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the West Virginia official source linked on this page or consult a licensed West Virginia attorney.
How does West Virginia § 45-1-5 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in West Virginia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in West Virginia.