Also known as: sums certain · certain sum · certain sums · liquidated sum
Written by attorneys · grounded in primary & secondary sources — see below
A fixed monetary amount or one that can be made certain by simple computation from the face of a document or agreement. The amount requires no further evidentiary proof or judicial assessment beyond arithmetic application of stated terms.
Sean Steele sued Spectrum Financial in federal court for nonpayment of a fixed $120,000 licensing fee stated in their written contract. Spectrum Financial received the complaint but filed no answer. Sean Steele submitted a request and supporting affidavit to the clerk showing the exact amount due. The clerk entered judgment for that sum and costs.
Spencer Silver obtained a French judgment against Sarah Sullivan for a fixed sum of damages. When he sought recognition in a U.S. court, Sarah Sullivan contested enforceability on comity grounds. The court examined whether the amount constituted a sum certain that could be enforced without further calculation.
Select any source to read its text and confirm it supports the definition.
Seth Shapiro sued Silverline Industries for breach of a supply contract specifying a fixed payment amount. After Silverline Industries failed to comply with discovery orders, the court imposed sanctions that included entry of judgment for the contract sum. The amount required no additional proof beyond the stated terms.
Simon Stern sued Starlight Media for unpaid amounts under an agreement for transmission of market data at a fixed per-message rate. Starlight Media failed to appear after service. The court considered whether the claim presented a sum certain computable from the rate schedule without further evidence.
The clerk must enter judgment when the claim is for a sum certain or one that can be made certain by computation, the defendant has defaulted after proper service and is neither a minor nor incompetent, and the plaintiff supplies a request with an affidavit showing the amount due.
Supporting sources
The amount must be fixed by the contract or document or computable by simple arithmetic from stated terms, such as a fixed licensing fee or monthly rent multiplied by known months, without need for evidentiary hearings or judicial fact-finding on value.
Supporting sources
Yes. When a plaintiff seeks an increased amount for last-minute add-ons lacking documented pricing or a computational formula, the total is no longer a sum certain. The clerk may not enter judgment and the matter must go to the court under Rule 55(b)(2).
Supporting sources
No. Only the sum certain demanded in the pleadings may be entered by the clerk. Additional damages requiring proof or relief different in kind must be presented to the court.
Supporting sources
…process for a court to take similar action as “punishment” for failure to obey an order to pay into the registry of the court a certain sum of money. Due process is violated only if the behavior of the defendant will not support the Hammond Packing presumption. A proper application of Rule 37(b)(2) will, as a matter of law,…