The term "de aestimato" refers to a legal action concerning the estimation of goods in monetary terms. It allows a goods owner to seek compensation from a person who received those goods but either failed to pay an agreed price or return the items after a specified period. This concept typically applies in situations involving merchants or dealers who buy and resell items.
De aestimato is primarily used in civil law, particularly in cases involving contracts and sales. It provides a legal framework for owners to recover the value of their goods when a buyer does not fulfill their obligations. Users can manage related legal processes themselves using templates from US Legal Forms, which are designed to help with documentation and procedures associated with this action.
Here are a couple of examples of abatement:
Example 1: A merchant receives a shipment of electronics on the condition that they will either sell the items and pay the supplier or return them within 30 days. If the merchant fails to do either, the supplier can file a de aestimato action to recover the value of the goods.
Example 2: A second-hand dealer borrows furniture from an owner to sell. If the dealer does not sell the items or return them within the agreed timeframe, the owner may pursue a de aestimato claim for the estimated value of the furniture. (hypothetical example)
| State | Key Differences |
|---|---|
| California | Allows for a longer period for filing claims related to de aestimato actions. |
| New York | Requires specific documentation to prove the value of the goods. |
| Texas | Includes provisions for mediation before pursuing a legal action. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Differences |
|---|---|---|
| Action Aestimatoria | A legal action similar to de aestimato, focusing on the valuation of goods. | Action aestimatoria is often used interchangeably with de aestimato but may have specific procedural differences based on jurisdiction. |
| Contractual Obligation | A legal duty to fulfill terms agreed upon in a contract. | De aestimato specifically addresses situations where goods are not returned or paid for, while contractual obligations can cover a broader range of duties. |
If you believe you need to pursue a de aestimato action, consider the following steps:
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| Attribute | Details |
|---|---|
| Typical Fees | Varies by jurisdiction; legal fees may apply if you hire an attorney. |
| Jurisdiction | Applicable in civil law contexts across various states. |
| Possible Penalties | Failure to comply with a de aestimato claim may result in financial liability. |
It allows an owner to recover the value of goods that have not been paid for or returned.