§ 34-22-1-7 When confessed judgment or default judgment by surety not permitted

34-22-1-7 When confessed judgment or default judgment by surety not permitted

    Sec. 7. No surety or representative of a surety shall confess judgment or suffer judgment, by default, in any case, when the surety or representative is notified that there is a valid defense, if the principal will:

    (1) enter as a defendant to the action; and

    (2) tender to the surety or the representative good security to indemnify him, to be approved by the court.