The defendant in the action may make any defense that he or she could have made, had an action of contract been brought on the recognizance or bond. When the original judgment against the sheriff or high bailiff was rendered by default and the creditor brings an action under section 5246 of this title, the sureties may make any defense which the principal might have made in the original action. (Amended 1971, No. 185 (Adj. Sess.), § 163, eff. March 29, 1972.)