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GLOSSARY OF BASIC CONCEPTS
1. Bases of jurisdiction over the defendant (D):
A. In personam jurisdiction : is necessary when the plaintiff (P) seeks the right and ability to subject the D's assets generally to execution to satisfy the money judgment for which P is suing, or when P seeks a decree directing D to do or refrain from doing some act. Such jurisdiction is based upon the forum state having legal authority over the person of the D.
B. Quasi in rem jurisdiction : has usually been used when P is unable to obtain in personam jurisdiction over D. Such jurisdiction enables P to seek a money judgment against D and satisfy that judgment - in whole or in part - by subjecting to execution property of D, located in the forum state, which was seized at the commencement of the action. Usually, P's claim against D does not relate to the seized property. Such jurisdiction, like in rem jurisdiction, is predicated upon the state having legal authority over the property involved.
C. In rem jurisdiction :
entails the court's exercise of jurisdiction over property which is in dispute. The judgment is binding upon all persons, whether or not they had notice of the action. Examples of in rem actions are condemnation proceedings and proceedings in probate.
2. Execution: is the procedure by which a P who has won a money judgment against a D enforces that judgment, that is, gets paid. The P must obtain from the court a "writ of execution," an authorization to the sheriff to seize property of the D, sell it at a public sale and deliver the proceeds to the P to pay the judgment. Any balance is turned over to the D.
3. Attachment: is a statutory proceeding by which a creditor can subject the tangible property of his debtor to the payment of the debt. Typically, P must file a complaint against D, file an affidavit of attachment alleging a basis for attaching in-state property of D - such as D being a non-resident - and guarantee the payment of damages to D if the attachment turns out to be unwarranted or illegal. The court will then issue a "writ of attachment" and the sheriff will "seize" D's property. If the property is land, this "seizure" may consist simply of posting a notice upon it and filing a statement of attachment. Notice of the kind prescribed by the statute must also be given to the D.
4. Service of process: A P begins a lawsuit by filing a complaint and having the D served with a summons, an order to the D to appear and defend in the lawsuit or a judgment by default will be taken against him.
A. Personal service consists of handing to the D in person a copy of the summons.
B. Substituted service consists of handing a copy of the summons to someone of suitable age at D's home or handing it to someone appointed by the D or by law to accept service of process for D.
C. Constructive service consists of mailing the summons to the D or publishing notice of the lawsuit in the newspaper.
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