WVC 45 - 1 - 1
§45-1-1. Demand that creditor sue.
The surety, guarantor or indorser (or his committee or
personal representative) of any person bound by any contract may,
if a right of action has accrued thereon, require the creditor
(or his committee or personal representative), by notice in
writing, forthwith to institute suit thereon; and if he be bound
in a bond with collateral condition or for the performance of
some collateral undertaking, he shall also specify in such notice
the breach of the condition or undertaking for which he requires
suit to be brought.