Nunc Pro Tunc — A Definition

Sarah Edwards | November 30, 2022

Edited by Hannah Locklear

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.

What is the history behind nunc pro tunc?

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

Nunc pro tunc can impact corporations like it does people

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.

What does nunc pro tunc have to do with the IRS?

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.

How does nunc pro tunc impact litigation?

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.

Nunc pro tunc can correct old court documents

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.

The Catholic Church uses nunc pro tunc in a slightly different way

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.

Is nunc pro tunc common?

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.

What is SoloSuit?

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.)

How to answer a summons for debt collection in your state

Here's a list of guides for other states.

All 50 states.

• Alabama
• Alaska
• Arizona
• Arkansas
• California
• Colorado
• Connecticut
• Delaware
• Florida
• Georgia
• Hawaii
• Idaho
• Illinois
• Indiana
• Iowa
• Kansas
• Kentucky
• Louisiana
• Maine
• Maryland
• Massachusetts
• Michigan
• Minnesota
• Mississippi
• Missouri
• Montana
• Nebraska
• Nevada
• New Hampshire
• New Jersey
• New Mexico
• New York
• North Carolina
• North Dakota
• Ohio
• Oklahoma
• Oregon
• Pennsylvania
• Rhode Island
• South Carolina
• South Dakota
• Tennessee
• Texas
• Utah
• Vermont
• Virginia
• Washington
• West Virginia
• Wisconsin
• Wyoming

Guides on how to beat every debt collector

Being sued by a different debt collector? Were making guides on how to beat each one.

• Absolute Resolutions Investments LLC
• Accredited Collection Services
• Alliance One
• Amcol Clmbia
• American Recovery Service
• Asset Acceptance LLC
• Asset Recovery Solutions
• Associated Credit Services
• Autovest LLC
• Cach LLC
• Cavalry SPV I LLC
• Cerastes LLC
• Colinfobur
• Covington Credit
• Crown Asset Management
• CTC Debt Collector
• Cypress Financial Recoveries
• Delanor Kemper & Associates
• Eagle Loan of Ohio
• Educap
• Estate Information Services
• FIA Card Services
• Forster & Garbus
• Freshview Solutions
• Fulton Friedman & Gullace LLP
• Harvest Credit Management
• Howard Lee Schiff
• Hudson & Keyse LLC
• Integras Capital Recovery LLC
• Javitch Block
• Jefferson Capital Systems LLC
• LVNV Funding
• Mannbracken
• Mariner Finance
• Medicredit
• Michael J Adams PC
• Michael J Scott
• Midland Funding LLC
• Mullooly, Jeffrey, Rooney & Flynn
• Mountain Land Collections
• MRS Associates
• National Collegiate Trust
• Nationstar Foreclosure
• Northstar Capital Acquisition
• NCEP LLC
• NRC Collection Agency
• OneMain Financial
• Palisades Collection LLC
• Pallida LLC
• Paragon Revenue Group
• Pinnacle Collections Agency
• PMAB LLC
• Portfolio Recovery Associates
• Provest Law
• PYOD LLC
• Reunion Student Loan Finance Corporation
• Revenue Group
• Regents and Associates
• RSIEH
• Salander Enterprises LLC
• Second Round Sub LLC
• Security Credit Services
• Sherman Financial Group
• Suttell and Hammer
• T-Mobile
• Transworld Systems
• Tulsa Teachers Credit Union
• UCB Collection
• Velo Law Office
• Velocity Investments
• Waypoint Resource Group
• Weinberg and Associates
• Wolpoff & Abramson

Win against credit card companies

Is your credit card company suing you? Learn how you can beat each one.

• Bank of America
• Capital One
• Chase
• Credit One Bank
• PayPal Synchrony Card
• SYNCB/PPEXTR
• Synchrony Bank
• Target National Bank
• Wells Fargo

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

Get answers to these FAQs

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?

SoloSuit FAQ

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 I Stop Wage Garnishment?

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?

What Is a Warrant in Debt?

How Many Times Can a Judgment be Renewed in Oklahoma?

Can an Eviction Be Reversed?

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?

Do I Need a Debt Negotiator?

What Happens After a Motion for Default Is Filed?

Can a Process Server Leave a Summons Taped to My Door?

Learn More With These Additional Resources:

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

How to Liquidate Debt

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

How to Stop a Garnishment

Debt Eraser 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