Debet et detinet is a phrase found in ancient legal documents, which signifies “he owes and detains.” This expression was employed when a creditor took legal action against a debtor and asserted that the defendant not only had an outstanding debt but was also withholding something that rightfully belonged to the plaintiff. In cases where the lawsuit was filed against a party other than the initial debtor, it was referred to as “in the detinet alone.”
Debet et detinet is a legal term that refers to the situation where someone owes a debt and is also detaining something. In the context of declarations in debt-related actions, it was used when the original creditor sued the original debtor. The declaration would state that the defendant owes and detains the debt or item in question from the plaintiff. For instance, if John borrowed $100 from Jane and failed to repay her, Jane could take legal action against John for both the debt he owes and his detention of her money. This type of legal action is known as an action in debet et detinet. However, if John had passed away and his executor refused to repay Jane, she could still sue for the debt alone, which would be referred to as an action in detinet alone. These examples demonstrate how debet et detinet was utilised in debt-related legal actions to describe situations where the debtor owed money and was also detaining the creditor’s property or funds. If the action was initiated against someone other than the original debtor, it would be considered an action in detinet alone.
“Debet et detinet” is a Latin phrase that translates to “he owes and detains.” It refers to a legal action where a person is held liable for a debt and is also in possession of the property or asset that is the subject of the debt.
“Debet et detinet” can be used as a legal remedy when someone owes a debt and is wrongfully withholding the property or asset that is the subject of the debt. It allows the creditor to sue for both the debt owed and the return of the property.
While “detinet” refers to the wrongful detention or withholding of property, “debet et detinet” adds the element of a debt owed. In other words, “debet et detinet” implies that the person not only possesses the property but also owes a debt related to it.
No, “debet et detinet” is a civil remedy and cannot be used in criminal cases. It is a legal action taken by a creditor to recover a debt and the property associated with it.
To establish a “debet et detinet” claim, the creditor must prove that the debtor owes a debt and is wrongfully withholding the property or asset that is the subject of the debt. Evidence of the debt and the debtor’s possession of the property is crucial.
Yes, “debet et detinet” can be used for both tangible and intangible assets. It can be applied to any property or asset that is subject to a debt owed by the debtor.
If the creditor succeeds in a “debet et detinet” claim, they may be entitled to both the debt owed and the return of the property or asset. The court may order the debtor to pay the debt and return the property or compensate the creditor accordingly.
No, “debet et detinet” can only be used against the debtor who owes the debt and is in possession of the property. It cannot be used against a third party who possesses the property but is not the debtor.
While a written agreement can strengthen a “debet et detinet” claim, it is not always necessary. The creditor can still pursue the claim based on other evidence, such as invoices, receipts, or witness testimony, that establishes the existence of the debt and the debtor’s possession of the property.
Yes, “debet et detinet” can be used in conjunction with other legal actions. For example, a creditor may choose to pursue a “debet et detinet” claim alongside a breach of contract claim to recover both the debt owed and the property that is wrongfully withheld.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/debet-et-detinet/
- Modern Language Association (MLA):Debet Et Detinet. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/debet-et-detinet/.
- Chicago Manual of Style (CMS):Debet Et Detinet. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/debet-et-detinet/ (accessed: May 09 2024).
- American Psychological Association (APA):Debet Et Detinet. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/debet-et-detinet/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts