The phrase "cum certum est an et quantum debeatur" translates to "when it is certain whether anything is due and how much is due." This legal maxim indicates that a debt is considered liquidated when both the existence of the debt and the exact amount owed are clear. If there is uncertainty about how much is owed, the debt is not fully established.
This term is primarily used in civil law contexts, particularly in debt collection and contract disputes. It is essential in determining whether a creditor can enforce a debt. Understanding this maxim helps individuals and businesses assess their financial obligations and rights. Users can manage related legal processes using templates from US Legal Forms, which provide guidance on drafting necessary documents.
Here are a couple of examples of abatement:
Example 1: A contractor completes a project and submits a bill for $10,000. If the client acknowledges the bill and agrees to the amount, the debt is liquidated.
Example 2: A lender issues a loan agreement stating that a borrower owes $5,000. The borrower fails to make payments, and the lender can enforce the debt based on the clear terms of the agreement. (hypothetical example)
Examples of state differences (not exhaustive):
| State | Variation |
|---|---|
| California | Debts must be documented in writing to be enforceable. |
| Texas | Oral agreements may be enforceable if certain conditions are met. |
| New York | Written contracts are preferred for clarity on debts. |
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
| Term | Definition | Difference |
|---|---|---|
| Liquidated debt | A debt with a specific amount that is due. | Focuses on the clarity of the amount owed. |
| Unliquidated debt | A debt where the amount owed is not determined. | Indicates uncertainty in the amount due. |
If you believe you have a liquidated debt or are facing a claim regarding one, consider the following steps:
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Liquidated refers to a debt that has a specific amount clearly defined and is enforceable by law.