PROCEDURE WHEN CREDITOR SUES IN A GUARANTY
Art. 2062. In every action by the creditor, which must be against the principal debtor alone, except in the cases mentioned in Article 2059, the former shall ask the court to notify the guarantor of the action. The guarantor may appear so that he may, if he so desire, set up such defenses as are granted him by law. The benefit of excussion mentioned in Article 2058 shall always be unimpaired, even if judgment should be rendered against the principal debtor and the guarantor in case of appearance by the latter. (1834a)
PROCEDURE WHEN CREDITOR SUES
1. SENT AGAINST PRINCIPAL—the creditor must sue the principal alone. The guarantor cannot be sued together with his principal except when the guarantor is not entitled to the benefit of excussion.
2. NOTICE TO GUARANTOR OF THE ACTION—the guarantor must be notified so that he may appear, if he so desires, and set up the defenses he may want to offer
a. If the guarantor appears, he is still given the benefit of excussion even if judgment is rendered against him and the principal debtor
b. If he doesn’t appear, he cannot set up the defenses which, by appearing, are allowed him by
law, and it may no longer be possible for him to question the validity of the judgment rendered
against the debtor
3. HEARING BEFORE EXECUTION CAN BE ISSUED AGAINST GUARANTOR