An action in personam is a legal proceeding where a judgment is sought against an individual rather than their property. The term 'in personam' translates to 'against a person' in Latin. This type of action focuses on the rights and obligations of the parties involved, determining how they relate to the subject matter of the case. It is often referred to as a personal action.
Action in personam is commonly used in various areas of law, including civil, family, and contract law. In these cases, the court seeks to enforce rights or obligations directly against a person. Users may find that they can manage certain legal processes related to actions in personam using resources like US Legal Forms, which provides templates and forms drafted by qualified attorneys.
Here are a couple of examples of abatement:
Example 1: A person files an action in personam against a contractor for failing to complete a home renovation as agreed. The court may order the contractor to pay damages to the homeowner.
Example 2: A parent initiates an action in personam to seek child support from the other parent, focusing on the obligation to provide financial support. (hypothetical example)
Examples of state differences (not exhaustive):
| State | Key Differences |
|---|---|
| California | Allows for personal actions in small claims court up to $10,000. |
| New York | Specific rules regarding service of process for personal actions. |
| Texas | Limits on the types of damages that can be pursued in personal actions. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Key Differences |
|---|---|---|
| Action in Rem | A legal action directed against property. | Focuses on property rights rather than personal obligations. |
| Personal Injury Claim | A claim for damages due to physical harm to a person. | Specific to injuries, while action in personam can cover various obligations. |
If you find yourself needing to pursue an action in personam, consider the following steps:
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It is a legal action directed against a specific individual to enforce rights or obligations.