Also known as: paucitals · paucital right · in personam
Written by attorneys · grounded in primary & secondary sources — see below
An adjective denoting a right or claim that is personal to a specific individual and enforceable only against that person rather than against property or the world at large.
Carmen was changing planes in State A during a one-hour layover when Lucy served her with process for mismanagement of an investment fund. The claim arose entirely from events in other states. Because Carmen was personally served while physically present, the court could adjudicate the personal claim against her.
Prairie Fuel obtained a final money judgment and injunction against Ulysses in State W for breach of a subsurface access agreement. When Prairie Fuel sought to enforce the damages portion in State X where Ulysses held assets, the court treated the award as a personal obligation enforceable against Ulysses individually.
Select any source to read its text and confirm it supports the definition.
After Neff failed to appear in an Oregon proceeding, the court entered a personal money judgment against him. When the judgment creditor later attempted to enforce that judgment against Neff's property in another state, the enforcing court examined whether the original proceeding had validly established personal jurisdiction over Neff.
After a car accident in State A, the plaintiff sued the defendant in State B where the defendant had briefly visited. The court exercised jurisdiction over the defendant personally because service occurred during the visit, allowing the personal injury claim to proceed against the individual.
A Florida resident was served while visiting Delaware and faced suit there on a claim unrelated to the visit. The court upheld jurisdiction over the individual because the service during physical presence satisfied the requirements for a personal action against that defendant.
An insurance company with its principal place of business in another state was sued in California after a policyholder died there. The court exercised jurisdiction over the insurer personally because the company had mailed the policy into the state and the claim concerned that policy.
It is a rare synonym for in personam, describing rights or actions that run against a specific person rather than against property.
A paucital claim seeks relief only against a named individual and requires personal jurisdiction over that person, whereas an in rem claim targets property itself and binds the world.
Yes. Personal service on a defendant while physically present in the forum, even briefly, permits the court to adjudicate a personal claim against that individual.
No. Because the claim is personal, the judgment binds only the parties to the litigation and does not affect title to property or third persons.
…lay the tax or to subject appellant to a suit for its collection. Historically the jurisdiction of courts to render judgment in personam is grounded on their de facto power over the defendant’s person. Hence his presence within the territorial jurisdiction of a court was prerequisite to its rendition of a judgment…