Legal Definitions - solvit post diem

Solvit post diem is a historical legal term that refers to a specific defense used in debt actions, particularly those involving a formal promise to pay known as a bond.

It literally means "he paid after the day." In practice, this plea was made by a defendant who admitted to paying a debt after its original due date, but crucially, before the creditor had initiated a lawsuit to recover that debt. Essentially, the defendant was arguing that while they were late, the payment had been made before legal action was taken, thus resolving the debt.

• Example 1: A Personal Loan

  Imagine in the 18th century, Mr. Thompson lent money to Mr. Davies, with Mr. Davies signing a bond promising to repay the full amount by July 1st. Due to unforeseen circumstances, Mr. Davies was unable to pay on time and instead made the full repayment on July 10th. Unaware of the payment, or perhaps choosing to pursue the matter despite it, Mr. Thompson filed a lawsuit against Mr. Davies for non-payment on July 15th. In court, Mr. Davies would raise the defense of solvit post diem, demonstrating that he had indeed paid the debt before the lawsuit officially began, even though it was after the original due date.

• Example 2: A Merchant's Obligation

  Consider a scenario where a merchant, Ms. Elena, purchased goods from a supplier, Mr. Ben, and provided a bond guaranteeing payment by October 1st. Ms. Elena experienced a temporary cash flow problem and paid Mr. Ben on October 5th. However, Mr. Ben, having not received payment by the due date, initiated a legal action on October 7th to enforce the bond. Ms. Elena's legal team would present a solvit post diem plea, arguing that while the payment was late, the debt was settled before Mr. Ben's lawsuit was filed, thus negating the basis for the legal action.

• Example 3: A Rental Agreement Bond

  Suppose a tenant, Mr. Chen, had provided a bond to his landlord, Ms. Lee, guaranteeing timely payment of his monthly rent, due on the 1st of each month. For the month of November, Mr. Chen paid his rent on November 3rd. Ms. Lee, strictly adhering to the bond's terms, filed a lawsuit on November 5th, claiming a breach of the bond due to the late payment. Mr. Chen's defense would be solvit post diem, asserting that although his payment was a few days late, the rent (the debt secured by the bond) was fully paid and received by Ms. Lee before she commenced her legal action.