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Simple English definitions for legal terms
excussio
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A quick definition of excussio:
Term: EXCUSSIO
Definition: Excussio is a legal term that refers to the process of trying to get back money owed by a debtor. It means that the creditor must first try to collect the debt from the person who originally borrowed the money before going after any guarantors or co-signers. This is done to ensure that the debtor is held responsible for their debt before anyone else is held accountable.
A more thorough explanation:
Definition: Excussio is a Latin term used in Roman and civil law. It refers to the process of pursuing a remedy against a debtor by exhausting all possible options before turning to a surety.
Let's say that John owes $10,000 to a bank and has a surety named Jane. The bank cannot immediately go after Jane for the money owed by John. Instead, the bank must first pursue all possible options to collect the debt from John. This includes taking legal action against John, seizing his assets, and garnishing his wages. Only after all of these options have been exhausted can the bank turn to Jane, the surety, for payment.
Another example could be a landlord who has a tenant that owes rent. The landlord cannot immediately go after the tenant's guarantor for payment. Instead, the landlord must first pursue all possible options to collect the rent from the tenant. This includes sending notices, filing a lawsuit, and obtaining a judgment. Only after all of these options have been exhausted can the landlord turn to the guarantor for payment.
These examples illustrate the concept of excussio, which requires a diligent pursuit of a remedy against a debtor before resorting to a surety.