West Virginia Code § 45-1-1

Demand that creditor sue
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The surety, guarantor or indorser (or his committee or personal representative) of any
person bound by any contract may, if a right of action has accrued thereon, require the
creditor (or his committee or personal representative), by notice in writing, forthwith to
institute suit thereon; and if he be bound in a bond with collateral condition or for the
performance of some collateral undertaking, he shall also specify in such noetice the breach
of the condition or undertaking for which he requires suit to be brought.

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