Chose in Action: A Comprehensive Guide to Your Legal Rights
Definition & meaning
A chose in action is a legal term that refers to a personal right to claim or recover property that one does not currently possess. This right can only be enforced through legal action rather than by taking physical possession of the property. Essentially, it is a right to seek recovery of something that is being withheld. A chose in action can be assigned to another person through a written agreement, provided it is signed by the assignor and the debtor is notified. In contrast, a "chose in possession" refers to a right where the owner has actual enjoyment or possession of the property.
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This term is commonly used in various areas of law, including civil law, property law, and contract law. A chose in action is particularly relevant in cases involving debts, rights to sue, or claims against third parties. Users can manage certain legal processes related to this term by utilizing legal templates from US Legal Forms, which are drafted by experienced attorneys.
Key Legal Elements
Real-World Examples
Here are a couple of examples of abatement:
Example 1: A person has a legal right to collect a debt from another individual who has not paid back a loan. This right to collect the debt is a chose in action.
Example 2: A company has a contract that entitles it to receive payment for services rendered, but the payment has not been made. The company can take legal action to enforce this right, which constitutes a chose in action.
State-by-State Differences
Examples of state differences (not exhaustive):
State
Chose in Action Treatment
California
Recognizes chose in action as a transferable right.
New York
Allows assignment of chose in action with proper documentation.
Texas
Chose in action can be assigned, but notice to the debtor is crucial.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with Related Terms
Term
Definition
Key Differences
Chose in Action
A right to claim property through legal action.
Does not involve physical possession.
Chose in Possession
A right to property that one physically possesses.
Involves actual enjoyment of the property.
Common Misunderstandings
What to Do If This Term Applies to You
If you believe you have a chose in action, consider the following steps:
Document your claim and gather any relevant evidence.
Consult with a legal professional to understand your rights and options.
You can explore US Legal Forms for templates that may assist you in managing your claim.
If the situation is complex, seeking professional legal assistance is advisable.
Quick Facts
Chose in action refers to rights to claim property through legal action.
Can be assigned through a written agreement.
Requires notice to the debtor upon assignment.
Commonly used in civil and property law.
Key Takeaways
FAQs
A chose in action is a legal right to claim property that one does not physically possess.
Yes, a chose in action can be assigned through a written agreement, with notice given to the debtor.
You can enforce a chose in action by initiating legal proceedings against the party withholding your property.
A chose in action involves rights to claim property, while a chose in possession refers to rights to property that one physically possesses.
