Sarah Edwards | November 30, 2022
Summary: Nunc pro tunc, a Latin term translated to “now for then”, is to apply an order or judgment retroactively when the court wants correct clerical errors from court clerks on public records and errors in the history of judicial proceedings.
The legal phrase “nunc pro tunc” originally came from Great Britain. It’s a Latin term that translates into “now for then.” Many countries, including the U.S., use the phrase to refer to a retroactive correction of a prior ruling.
The Court of Chancery first used the term nunc pro tunc in 1388. In a ruling, the court used the phrase to describe how judgments currently applied had the same legal force as if entered on an earlier day.
Similarly, in 1805, Lord Chancellor Lord Eldon used nunc pro tunc as a decree in a case where documents submitted were enough to finalize a judgment that should have been in effect on the date the parties made the records.
Today, nunc pro tunc commonly arises in cases involving probate, clerical errors from court clerks on public records, and errors in the history of judicial proceedings.
6 tips for drafting the Answer in a debt collection lawsuit
The law considers U.S. corporations to have the same legal standing as people. If a corporation goes bankrupt, a court may seize its assets to sell at auction. The proceeds from the auction go to satisfy unpaid tax obligations and creditor liabilities.
However, someone interested in owning the corporation can purchase the assets and the shell of the corporation. Once they repay the tax obligations and apply for the appropriate registrations and licenses, they can claim the corporation is nunc pro tunc.
Under the nunc pro tunc argument, the shell corporation becomes the original corporation and holds its original assets.
Sometimes, taxpayers file their returns with the IRS and write “nunc pro tunc” on the face of the document. These taxpayers believe that using the phrase will allow them to reduce or otherwise alter their federal tax obligations.
However, the IRS holds that nunc pro tunc is a frivolous argument with no bearings. People who use the statement to avoid taxes may incur a $5,000 fine.
Don’t take chances – respond to your debt collection lawsuit properly with SoloSuit.
Nunc pro tunc is a common argument when a court clerk makes an error when filing the final judgment after a court case. For instance, if the judge found the defendant guilty in a criminal proceeding but the court clerk accidentally wrote “not guilty” on the final judgment, the prosecutor may file a nunc pro tunc argument.
In that example, the court clerk would correct the final judgment to the appropriate finding, and the decree would be in effect from the date of the original determination.
Courts review numerous records, including judgments, pleadings, marriage and divorce certificates, and wills and estate documents. If the information on a document is incorrect, the court may use the doctrine of nunc pro tunc to correct it.
For example, if a court clerk issues a marriage certificate with the wrong date or a misspelled name, the recipients can ask the court to correct the certificate under nunc pro tunc rules.
Another example is an estate document. Consider someone whose will includes a list of their assets and who will inherit them. However, they fail to update their will to include a few parcels of real estate they purchase before their death.
The court could use the doctrine to include the real estate in the will under nunc pro tunc and decide how to distribute it among the recipients.
In the Catholic Church, bishops who resign from their positions receive a nunc pro tunc acceptance. Under the doctrine, the pope accepts their resignation but asks them to remain in their post until they locate another replacement.
Once the pope finds a replacement for the bishop, they receive full acceptance of their resignation.
Nunc pro tunc is typical when court clerks make an error in court records. They’ll use the doctrine to correct the records and assert that the correction applies to the original date of the decree. The decree may apply to a judge's findings or to court documents like a marriage, birth, or death certificate.
While the IRS dismisses nunc pro tunc as having any meaning in tax returns, some taxpayers continue to use the argument when filing their taxes. However, they are subject to a hefty fine if they try to use nunc pro tunc to avoid tax liability.
You can also see nunc pro tunc used in the Catholic Church when bishops or other high-ranking officials resign.
SoloSuit makes it easy to fight debt collectors.
You can use SoloSuit to respond to a debt lawsuit, to send letters to collectors, and even to settle a debt.
SoloSuit's Answer service is a step-by-step web-app that asks you all the necessary questions to complete your Answer. Upon completion, we'll have an attorney review your document and we'll file it for you.
>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate
>>Read the NPR story on SoloSuit. (We can help you in all 50 states.)
Here's a list of guides for other states.
Being sued by a different debt collector? Were making guides on how to beat each one.
You can ask your questions on the SoloSuit forum and the community will help you out. Whether you need help now are are just look for support, we're here for you.
Is your credit card company suing you? Learn how you can beat each one.
Going to Court for Credit Card Debt — Key Tips
How to Negotiate Credit Card Debts
How to Settle a Credit Card Debt Lawsuit — Ultimate Guide
Need more info on statutes of limitations? Read our 50-state guide.
Why do debt collectors block their phone numbers?
How long do debt collectors take to respond to debt validation letters?
What are the biggest debt collector companies in the US?
Is Zombie Debt Still a Problem in 2019?
If a car is repossessed, do I still owe the debt?
Is Portfolio Recovery Associates Legit?
Is There a Judgment Against Me Without my Knowledge?
Should I File Bankruptcy Before or After a Judgment?
What is a default judgment?— What do I do?
Summoned to Court for Medical Bills — What Do I Do?
What Happens If Someone Sues You and You Have No Money?
What Happens If You Never Answer Debt Collectors?
What Happens When a Debt Is Sold to a Collection Agency
What is a Stipulated Judgment?
What is the Deadline for a Defendants Answer to Avoid a Default Judgment?
Can a Judgement Creditor Take my Car?
Can I Settle a Debt After Being Served?
Can You Appeal a Default Judgement?
Do I Need a Debt Collection Defense Attorney?
Do I Need a Payday Loans Lawyer?
Do student loans go away after 7 years? — Student Loan Debt Guide
Am I Responsible for My Spouses Medical Debt?
Should I Marry Someone With Debt?
Can a Debt Collector Leave a Voicemail?
How Does Debt Assignment Work?
What Happens If a Defendant Does Not Pay a Judgment?
How Does Debt Assignment Work?
Can You Serve Someone with a Collections Lawsuit at Their Work?
How Many Times Can a Judgment be Renewed in Oklahoma?
Does Debt Consolidation Have Risks?
What Happens If You Avoid Getting Served Court Papers?
Does Student Debt Die With You?
Can Debt Collectors Call You at Work in Texas?
How Much Do You Have to Be in Debt to File for Chapter 7?
What Is the Statute of Limitations on Debt in Washington?
How Long Does a Judgment Last?
Can Private Disability Payments Be Garnished?
Can Debt Collectors Call From Local Numbers?
Does the Fair Credit Reporting Act Work in Florida?
The Truth: Should You Never Pay a Debt Collection Agency?
Should You Communicate with a Debt Collector in Writing or by Telephone?
What Happens After a Motion for Default Is Filed?
Can a Process Server Leave a Summons Taped to My Door?
Need help managing your finances? Check out these resources.
How to Make a Debt Validation Letter - The Ultimate Guide
How to Make a Motion to Compel Arbitration Without an Attorney
How to Stop Wage Garnishment — Everything You Need to Know
How to File an FDCPA Complaint Against Your Debt Collector (Ultimate Guide)
Defending Yourself in Court Against a Debt Collector
Tips on you can to file an FDCPA lawsuit against a debt collection agency
Advice on how to answer a summons for debt collection.
Effective strategies for how to get back on track after a debt lawsuit
New Hampshire Statute of Limitations on Debt
Sample Cease and Desist Letter Against Debt Collectors
The Ultimate Guide to Responding to a Debt Collection Lawsuit in Utah
West Virginia Statute of Limitations on Debt
What debt collectors cannot do — FDCPA explained
Defending Yourself in Court Against Debt Collector
Arkansas Statute of Limitations on Debt
Youre Drowning in Debt — Heres How to Swim
Help! Im Being Sued by My Debt Collector
How to Make a Motion to Vacate Judgment
How to Answer Summons for Debt Collection in Vermont
North Dakota Statute of Limitations on Debt
ClearPoint Debt Management Review
Indiana Statute of Limitations on Debt
Oregon Eviction Laws - What They Say
CuraDebt Debt Settlement Review
How to Write a Re-Aging Debt Letter
How to Appear in Court by Phone
How to Use the Doctrine of Unclean Hands
Debt Consolidation in Eugene, Oregon
Summoned to Court for Medical Bills? What to Do Next
How to Make a Debt Settlement Agreement
Received a 3-Day Eviction Notice? Heres What to Do
How to Answer a Lawsuit for Debt Collection
Tips for Leaving the Country With Unpaid Credit Card Debt
Kansas Statute of Limitations on Debt Collection
How to File in Small Claims Court in Iowa
How to File a Civil Answer in Kings County Supreme Court
Roseland Associates Debt Consolidation Review
Do Debt Collectors Ever Give Up?
Can They Garnish Your Wages for Credit Card Debt?
How Often Do Credit Card Companies Sue for Non-Payment?
How Long Does a Judgement Last?
How Long Before a Creditor Can Garnish Wages?
How to Beat a Bill Collector in Court
Out Debt Validation Letter is the best way to respond to a collection letter. Many debt collectors will simply give up after receiving it.
"Finding yourself on the wrong side of the law unexpectedly is kinda scary. I started researching on YouTube and found SoloSuit's channel. The videos were so helpful, easy to understand and encouraging. When I reached out to SoloSuit they were on it. Very professional, impeccably prompt. Thanks for the service!" - Heather