Revised Code of Washington

Wash. Rev. Code § 19.72.100 (2026)

Notice to creditor to institute action

✓ current as of May 2026

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Any person bound as surety upon any contract in writing for the payment of money or the performance of any act, when the right of action has accrued, may require by notice in writing the creditor or obligee forthwith to institute an action upon the contract.

[Code 1881 s 644; RRS s 974. Prior: 1877 p 134 s 647; 1869 p 150 s 584; 1854 p 210 s 426. FORMER PART OF SECTION: Code 1881 s 645; RRS s 975, now codified as RCW 19.72.101.]

Notes of Decisions

Cited in 3 cases, 1965–2007 · 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). · cites it 2× “In recognition of the conditional nature of the surety’s obligation, RCW 19.72.100 allows a surety to require a bond obligee to sue the principal on the contract before the surety is liable, while RCW 19.”

Colorado Structures, Inc. v. Ins. Co. of the West, 167 P.3d 1125 (Wash. 2007). · cites it 2× “In recognition of the conditional nature of the surety's obligation, RCW 19.72.100 allows a surety to require a bond obligee to sue the principal on the contract before the surety is liable, while RCW 19.”

Amick v. Baugh, 402 P.2d 342 (Wash. 1965). · cites it 10× “that the trial court erred when it refused to apply the provisions of RCW 19.72.100 and 19.72.101 to the facts in this case.”

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