An instrument of debt not in existence is presumed discharged.

Explanation

(English-origin maxim.) When the evidence of a debt cannot be produced, the law presumes satisfaction — the burden shifts to the alleged creditor.

Where this applies

• A creditor claims I owe them money but can't produce any evidence of the debt.
• The bank says I owe on a loan but they lost all the paperwork.

See also

• 6.5.1 An instrument of debt found in the debtor's possession is presumed paid.