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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>366483</law_id><section_number>49-28</section_number><catch_line>Confession of judgment by surety or failure to notify principal to defend</catch_line><edition url="https://vacode.org/2026/" slug="2026" current="TRUE" last_updated="2026-08-02">2026</edition><structure><unit label="title" level="1" order_by="106" identifier="49">Oaths, Affirmations and Bonds</unit><unit label="chapter" level="2" order_by="3" identifier="3">Relief of Sureties</unit></structure><text>
						<section><p>If any such <span class="dictionary">surety</span>, other than <span class="dictionary">bail</span>, or his committee, heir or personal representative, confess <span class="dictionary">judgment</span>, or suffer <span class="dictionary">judgment</span> to go against him by <span class="dictionary">default</span>, without giving notice to his principal, if he be a resident of the Commonwealth, or his committee or personal representative, to defend the suit, and after such principal offers to defend the suit, and tenders counter security, approved by the <span class="dictionary">court</span> in which the suit is pending, the principal, or his committee, heirs or representative, may have the benefit of every defense against the <span class="dictionary">motion</span> or suit of such <span class="dictionary">surety</span>, or his committee, representative or heirs, against him that he might have had against the <span class="dictionary">creditor</span>.</p></section></text><history>Code 1919, &#xA7; 5778.</history><metadata></metadata></law>
