“When a debtor is clearly vergens ad inopiam, a creditor may legally resort to certain measures, for the purpose of protecting his interests, which would not otherwise be competent to him. Thus if the debtor be bound under a bill, the creditor may, in consideration of his debtor’s circumstances, obtain a precept of arrestment on the bill before it becomes due, on which he may arrest any funds due to his debtor. As this proceeding is only allowed, however, as a protective measure … he cannot … render the arrested funds available to himself until the bill falls due …. The fact of the debtor’s being vergens ad inopiam will be inferred from different circumstances in different cases, and the proof of that fact will also, necessarily, be varied.” John Trayner, Trayner’s Latin Maxims 627 (4th ed. 1894).
vergens ad inopiam
vergens ad inopiam (v[schwa]r-jenz ad in-oh-pee-[schwa]m), adj. [Latin “verging on poverty”] Civil law. Tending to become insolvent.
