Chose in Action: A Comprehensive Guide to Your Legal Rights

Q: Can a chose in action be assigned?

Yes, a chose in action can be assigned through a written agreement, with notice given to the debtor.

Q: How do I enforce a chose in action?

You can enforce a chose in action by initiating legal proceedings against the party withholding your property.

Q: What is the difference between chose in action and chose in possession?

A chose in action involves rights to claim property, while a chose in possession refers to rights to property that one physically possesses.

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.

Table of content

Legal Use & context

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.

Find the legal form that fits your case

Browse our library of 85,000+ state-specific legal templates.

This field is required

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

Frequently asked questions

What is a chose in action?

A chose in action is a legal right to claim property that one does not physically possess.