Wash. Rev. Code » Title 19 · Chapter 19.72
Revised Code of Washington

Wash. Rev. Code § 19.72.090 (2026)

✓ current as of May 2026
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No surety or his or her representative shall confess judgment or suffer judgment by default in any case where he or she is notified that there is a valid defense, if the principal will enter himself or herself defendant to the action and tender to the surety or his or her representatives good security to indemnify him or her, to be approved by the court.
[ 2011 c 336 s 547; Code 1881 s 650; RRS s 980. Prior: 1877 p 135 s 653; 1869 p 151 s 590; 1854 p 211 s 432.]
Notes of Decisions
Cited in 3 cases, 2007–2017 · leading case: Colorado Structures, Inc. v. Ins. Co. of the West, 161 Wash. 2d 577 (Wash. 2007).
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Colorado Structures, Inc. v. Ins. Co. of the West, 161 Wash. 2d 577 (Wash. 2007). “” RCW 19.72.090. And a surety may forfeit its right to indemnification by prejudicing any defenses the principal may have against the obligee or by making payments when the principal is not liable.”
Colorado Structures, Inc. v. Ins. Co. of the West, 167 P.3d 1125 (Wash. 2007). “" RCW 19.72.090. And a surety may forfeit its right to indemnification by prejudicing any defenses the principal may have against the obligee or by making payments when the principal is not liable.”
Inland Empire Dry Wall Supply Co. v. W. Sur. Co., 389 P.3d 717 (Wash. Ct. App. 2017). · cites it 2× “In fact, RCW 19.72.090 recognizes suits will sometimes be laid directly against sureties.”
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