(9) Section 222.11(1)(a) defines "earnings" as "compensation paid or payable, in money of a sum certain
, for personal services or labor whether denominated as wages, salary, commission, or bonus." (10) A close review of the relevant caselaw illustrates that earnings will most likely be protected under [section] 222.11 when an employer-employee relationship is established.
Under the F&A endorsement, the insurer covered "loss resulting directly from 'forgery' or alteration of, on, or in any check, draft, promissory note, bill of exchange, or other similar written promise, order or direction to pay a sum certain
...." The policy defined "forgery" as "the signing of the name of another person or organization with intent to deceive." Admittedly, the thieves' actions can be analogized to a forgery.
We will pay for loss resulting directly from "forgery" or alteration of checks, drafts, promissory notes, or similar written promises, orders or directions to pay a sum certain
in money that are made or drawn by one acting as an agent or purported to have been so made or drawn.
(227) A plaintiff may apply to the clerk for a default judgment if his or her claim is for "a sum certain
or for a sum which can by computation be made certain." (228) If the claim is for a sum certain
, the clerk, upon plaintiff's submission of requisite proof, "shall enter judgment for the amount demanded in the complaint plus costs and interest." (229) Application to the clerk, if applicable, "is the preferable procedure because it gives the plaintiff a final judgment on papers alone, a ministerial procedure with nothing to try." (230) By contrast, application to the court necessarily involves judicial review of the plaintiff's papers and "may even require a testimonial hearing." (231)
It can leave the defendants as much in the dark as they were before the verdict, other than knowing that they are jointly and severally liable to pay a sum certain
to the plaintiff if the verdict stands up against post-trial legal challenges.
(21) Thus, where a default judgment is rendered on a claim for a "sum certain
" by the clerk, who has no authority to perform judicial functions, (22) the sufficiency of the facts of the claim will not have been determined prior to entry of the judgment.
A straight debt instrument is a written unconditional promise to pay (whether or not embodied in a formal note) on demand or on a specific date a sum certain
in money (Sec.
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.
Debt is an unqualified obligation to pay a sum certain
with interest, whether the debtor has income or losses.
"Regardless of how well the company's business does, the company is committed to paying a sum certain
at a time certain and for a period certain.