Nunquam indebitatus is a legal term that translates to "never indebted." It refers to a specific type of plea used in legal actions involving indebitatus assumpsit, where the defendant asserts that they have never owed any debt to the plaintiff. This plea serves as a denial of the plaintiff's claim, indicating that the defendant does not acknowledge any obligation to pay.
This term is primarily used in civil law, particularly in cases related to contracts and debts. The plea of nunquam indebitatus is a defensive response in lawsuits where the plaintiff seeks to recover money or enforce a contract. Users can manage such legal actions by utilizing templates and forms available through services like US Legal Forms, which provide resources drafted by experienced attorneys.
Here are a couple of examples of abatement:
Example 1: A contractor sues a homeowner for unpaid services. The homeowner files a plea of nunquam indebitatus, claiming they never agreed to the payment terms.
Example 2: A business owner is sued for a loan they allegedly did not repay. The owner asserts nunquam indebitatus, stating they never borrowed the money. (hypothetical example)
Examples of state differences (not exhaustive):
| State | Variation |
|---|---|
| California | Allows for more comprehensive defenses in contract disputes. |
| New York | Requires specific documentation to support a nunquam indebitatus plea. |
| Texas | Has unique rules regarding the burden of proof in debt-related cases. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Key Differences |
|---|---|---|
| Non assumpsit | A plea denying the existence of a contract. | More comprehensive; can include evidence of payment or release. |
| Assumpsit | A legal term for a promise or agreement. | Focuses on the existence of a contract rather than denying debt. |
If you find yourself in a situation involving a claim of debt, consider filing a plea of nunquam indebitatus if you believe you are not liable. It may be beneficial to consult legal professionals for guidance. Additionally, explore US Legal Forms for templates that can help you navigate the process effectively.
Browse our library of 85,000+ state-specific legal templates.
It means "never indebted" and is a plea denying any debt owed to the plaintiff.