232) Indeed, "[a]nything that prevents mere arithmetic from reducing a claim to a sum certain
requires that the application be made to the court" rather than to the clerk.
If the plaintiffs claim is for a sum certain
or for a sum which can by computation be made certain, application may be made to the clerk within one year after the default.
The court in Farley Realty stated that a debtor-creditor relationship was one in which there was "an unqualified obligation to pay a sum certain
at a reasonably close fixed maturity date along with a fixed percentage in interest payable regardless of the debtor's income or lack thereof.
That's a sum certain
Premiership players might earn in a matter of hours these days.
Med Pro petitioned to intervene, asserting that it held settlement discussions with the Cohens, the Cohens agreed to settle the matter of a sum certain
within policy limits, and Dr.
7) However, the clause does not need to set forth a sum certain
, if the amount can be readily computed.
An important feature of such an arrangement is that it represents an unconditional financial commitment by the assuming enterprise to pay a sum certain
in amount: the face value of the insurance policy.
Therefore, in addition to requiring a sum certain
, a claimant must provide a sufficient factual predicate so that a claim can be investigated.
To satisfy the first requirement, the instrument should be in writing, be designated as a debt instrument, have fixed payment dates, contain a promise to pay a sum certain
at a fixed date in the future, provide for adequate, noncontingent interest, and be enforceable by the creditor.
Second, some judges have refused to award legal fees for a sum certain
unless personal jurisdiction has been obtained.
However, debt will be considered straight debt if it involves an unconditional written promise to pay on demand or on a specified date a sum certain
in money; the interest rate and payment dates are not contingent on profits or the borrower's discretion; there is no convertibility (direct or indirect) into stock; and the creditor otherwise would be a qualified S shareholder.
The product addresses investor requirements to lock in a sum certain
at a future maturity date.