Legal Definitions - in personam judgment

An in personam judgment (Latin for "against the person") is a court decision that directly affects the rights and obligations of specific individuals or entities involved in a lawsuit. This type of judgment imposes a personal liability or grants a personal right, meaning it can be enforced against the person's general assets and requires them to perform a specific action or refrain from one.

Here are some examples to illustrate this concept:

• Example 1: Breach of Contract Lawsuit

  Imagine a software development company that fails to deliver a custom application to a client as per their signed agreement. The client sues the company for breach of contract. If the court finds in favor of the client and orders the software company to pay $50,000 in damages, this is an in personam judgment. It directly obligates the software company (a legal entity) to pay a specific sum of money from its assets to the client. The judgment is against the company itself, not against a specific piece of property owned by the company.

• Example 2: Personal Injury Claim

  Consider a situation where a pedestrian is injured due to a driver's negligence. The pedestrian sues the driver for medical expenses, lost wages, and pain and suffering. If the court rules that the driver must pay the pedestrian $100,000 in compensation, this constitutes an in personam judgment. The judgment creates a personal financial obligation for the driver to pay the injured pedestrian, enforceable against the driver's personal assets, such as bank accounts or wages, rather than against a specific item of property like their car.

• Example 3: Court Injunction

  Suppose a homeowner is repeatedly playing loud music late at night, disturbing their neighbors. The neighbors seek a court order to stop the noise. If the court issues an injunction prohibiting the homeowner from playing music above a certain decibel level after 10 PM, this is an in personam judgment. It directly commands the specific homeowner to cease a particular action, imposing a personal obligation on them to modify their behavior. Failure to comply could result in penalties like fines or even imprisonment for contempt of court, directly affecting the individual.