Legal Definitions - nunquam indebitatus

Nunquam indebitatus is a historical legal defense used in lawsuits concerning debt. The Latin phrase literally translates to "never indebted." When a defendant used this plea, they were asserting a complete denial of the debt, claiming they never owed the plaintiff the money from the very beginning.

Here are some examples illustrating how this defense would have been applied:

• Example 1: Mistaken Identity

  Imagine a scenario where a merchant sues "Mr. Arthur Jenkins" for an outstanding bill for goods purchased. The Mr. Arthur Jenkins who receives the lawsuit reviews the details and realizes he has never shopped at that particular store, nor does he recognize the items listed. He believes the merchant has confused him with another individual sharing the same name.

  In this situation, Mr. Jenkins would employ the defense of nunquam indebitatus, asserting that he, personally, has never been indebted to the merchant because he never entered into any transaction with them.

• Example 2: Forged Agreement

  Consider a case where a bank sues Ms. Eleanor Vance for defaulting on a loan. Ms. Vance is shocked, as she has no recollection of applying for or receiving any such loan. Upon examining the loan documents presented by the bank, she discovers that her signature on the agreement appears to be a forgery.

  Ms. Vance's defense would be nunquam indebitatus, arguing that she was never truly indebted to the bank because the foundational loan agreement, which supposedly created the debt, was fraudulent and not genuinely entered into by her.

• Example 3: Disputed Service Authorization

  Suppose a homeowner, Mr. Davies, receives a lawsuit from a construction company demanding payment for extensive renovation work on his house. Mr. Davies acknowledges discussing some minor repairs with the company but insists he never authorized or agreed to the large-scale renovation project that was carried out, nor did he agree to pay for it.

  Mr. Davies would use nunquam indebitatus to contend that he was never indebted for the extensive renovation work, as there was no mutual agreement or contract for that specific, larger service and its associated cost.