The surety bond or insurance, as the case may be, applies only on proof that the claim is certain, liquid and due and that the guaranteed sworn goods broker is in default.
The guarantor or insurer may not assert the benefit of discussion against the creditor.
For the guarantor, the default of the guaranteed sworn goods broker results from a summons to pay or to make restitution, followed by a refusal or which has remained unsuccessful for a period of one month from the date it was served.