Judgment Against Property With Rem In Los Angeles
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An in rem proceeding asserts jurisdiction over the property, affecting the interests of all persons in that property (2 Witkin, California Procedure, Jurisdiction section 243 (5th Ed 2008) but will not result in a personal judgment against the defendant.
In Rem jurisdiction: This is used rarely in practice. It is typically reserved for disputes over the ownership of a particular property and purports to resolve the legal question against any possible owner in existence. Good examples are cases involving the seizure of a ship in admiralty law.
A Latin term meaning "against a thing." An in rem proceeding adjudicates the rights to a particular piece of property for every potential rights holder, even potential rights holders who are not named in the lawsuit.
A court can exercise in rem jurisdiction over any real or personal property within its territorial jurisdiction. For example, when the plaintiff filed an action to exercise a mechanic's lien in Publix Super Markets, Inc.
To do this, fill out an EJ-001 Abstract of Judgment form and take it to the clerk's office. After the clerk stamps it, record it at the County Recorder's Office in the county where the property is located. Place a lien on a business.
Exemption from the Enforcement of Judgments Type of PropertyCode Automobiles, Trucks, and other motor vehicles, including proceeds traced to the sale of the vehicle. CCP § 704.010 Art and Heirlooms & Jewelry CCP § 704.040 Relocation Benefits CCP § 704.180 Health Insurance Benefits and Disability Insurance Benefits CCP § 704.13027 more rows
