We are independent & ad-supported. We may earn a commission for purchases made through our links.
Advertiser Disclosure
Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.
How We Make Money
We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently of our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.
Finance

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

What does "in Personam" Mean?

By Bobby R. Goldsmith
Updated: Feb 13, 2024
Views: 9,918
Share

In personam is a Latin phrase that literally means “against the person” or “directed toward a particular person.” It is traditionally used as a legal term that involves a claim against an individual person rather than a company or a local, regional or national entity. An In personam complaint seeks a judgment that is only enforced against a specific person named in the suit. Such a case must begin with a formal service of a summons by an officer of the court and that complaint must then establish the proper jurisdiction of the case. This establishment is crucial to the determination of whether a complaint will be tried in personam, in rem or quasi in rem.

One of the main areas of legal process in which a person would be named as an in personam defendant is in matters of financial remuneration, obligation or obfuscation. This designation means that the judgment is against the particular person and carries the full weight of potential penalties and punishments prescribed by the governing jurisdiction. This fact alone is why such a designation is vitally important to the adjudication of such a case. It directly corresponds with how a case is conducted and how punishment or penalty is meted out. Cases in which the defendant is exonerated of any wrongdoing still carry the designation of a judgment in personam.

For a plaintiff to file a complaint against an individual, the case must be filed in the specific jurisdiction of the defendant. Inexperienced claimants or those who have not procured the services of adequate counsel often make the mistake of filing In personam complaints in a court of their own jurisdiction. Filing the complaint in the jurisdictional court of the defendant is necessary because only the defendant’s jurisdiction is capable of enforcing a judgment In personam should the defendant be found liable or at fault in the proceedings. In contrast, cases that are adjudicated as in rem — a complaint seeking to determine the status of an item of personal or public property — typically must be filed in the jurisdiction in which the property is located.

The fact that the jurisdiction in which a person resides has the power and authority to direct judgment against that person is at the heart of nearly every precept of civil law. It is the foundation that allows for the international reach of such cases. Any claimant residing anywhere in the world may file a complaint in the local or regional jurisdiction of a person who they think has wronged them. For all cases — local or international — other factors such as statute of limitations and the ability of the defendant to exhibit sui juris, or the ability to stand trial with full legal competence, come into play and often inhibit the ability of a case to move forward to trial.

Share
WiseGeek is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.

Editors' Picks

Discussion Comments
Share
https://www.wise-geek.com/what-does-in-personam-mean.htm
Copy this link
WiseGeek, in your inbox

Our latest articles, guides, and more, delivered daily.

WiseGeek, in your inbox

Our latest articles, guides, and more, delivered daily.