“Electio est creditoris…. This has reference to a creditor’s right to apply indefinite payments, made by his debtor, to that debt or obligation which is least secured; but where the debtor at the time of payment appropriates the sum paid, towards extinction of a particular debt, it must be so applied.” John Trayner, Trayner’s Latin Maxims 184 (4th ed. 1894).
electio est creditoris
electio est creditoris (i-lek-shee-oh est kred-i-tor-is). [Law Latin] Scots law. The creditor has the election or choice. • The phrase appeared in reference to the creditor’s right to apply payments to one debt or another. Cf. ELECTIO EST DEBITORIS.
