Action against principal before debt due

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  1. (a) A surety may maintain an action against his or her principal to obtain indemnity against the debt or liability for which the surety is bound, before it is due, whenever any of the grounds exist upon which, by the provisions of §§ 16-109-102 [repealed], 16-110-101, 16-110-104, 16-110-202, or 16-110-203, an order may be made for arrest and bail, or for attachment.

  2. (b) In the action the surety may obtain any of the provisional remedies in Title VIII of the Code of Practice in Civil Cases upon the ground and in the manner prescribed therein.


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