The term "exceptio jurisjurandi" refers to a legal exception based on an oath. It is a defense used by a debtor when a creditor attempts to collect a debt that the debtor has sworn does not exist. In this context, the debtor can invoke this exception to argue against the creditor's claim, asserting that they have already sworn that no debt is owed.
This term is primarily used in civil law cases, particularly in debt collection disputes. It allows debtors to protect themselves against claims from creditors when they have made a sworn statement denying the existence of any debt. Users may encounter this term in legal documents or proceedings related to debt recovery and may benefit from legal templates provided by resources like US Legal Forms.
Here are a couple of examples of abatement:
For instance, if a debtor swears in a court that they do not owe a specific amount to a creditor, and the creditor continues to pursue the claim, the debtor can use the exceptio jurisjurandi as a defense in court. (Hypothetical example).
Examples of state differences (not exhaustive):
| State | Variation |
|---|---|
| California | Allows exceptions based on sworn statements in civil cases. |
| New York | Similar provisions exist, but specific procedural rules apply. |
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
| Term | Definition | Difference |
|---|---|---|
| Affidavit | A written statement confirmed by oath. | An affidavit is a document, while exceptio jurisjurandi is a legal defense. |
| Counterclaim | A claim made to offset another claim. | Counterclaims involve filing a claim against the creditor, whereas exceptio jurisjurandi is a defense against the creditor's claim. |
If you find yourself in a situation where you need to invoke the exceptio jurisjurandi, consider the following steps:
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It refers to a legal exception that allows a debtor to defend against a creditor's claim based on a sworn statement denying the debt.