Legal Definitions - excussio

Definition: Excussio is a Latin term used in Roman and civil law. It refers to the process of pursuing a remedy against a debtor by exhausting all possible options before turning to a surety.

Let's say that John owes $10,000 to a bank and has a surety named Jane. The bank cannot immediately go after Jane for the money owed by John. Instead, the bank must first pursue all possible options to collect the debt from John. This includes taking legal action against John, seizing his assets, and garnishing his wages. Only after all of these options have been exhausted can the bank turn to Jane, the surety, for payment.

Another example could be a landlord who has a tenant that owes rent. The landlord cannot immediately go after the tenant's guarantor for payment. Instead, the landlord must first pursue all possible options to collect the rent from the tenant. This includes sending notices, filing a lawsuit, and obtaining a judgment. Only after all of these options have been exhausted can the landlord turn to the guarantor for payment.

These examples illustrate the concept of excussio, which requires a diligent pursuit of a remedy against a debtor before resorting to a surety.