What is a judgement in rem?
A judgement in rem is a type of judgement issued by a court in the state of Arizona. It applies to a specific item of property and it creates a legally enforceable lien, or charge, on that property. The name "in rem" comes from the Latin phrase meaning "in a thing" or "against a thing," referring to the idea that the judgement applies to the thing itself rather than the people involved. In general, a judgement in rem is issued when it is difficult or impossible to collect a debt owed to a person in the form of money. Such debt can include unpaid taxes, unpaid rent, or an unpaid loan, for example. When a judgement in rem is issued, the court creates a lien on the property. This lien serves as a sort of insurance for the creditor that the debt will eventually be paid. Once the lien is issued, the creditor has several legal tools available to collect the debt from the debtor. The creditor may be able to foreclose on the property, or may take possession of it and sell it off to recompense the debt. In some cases, the court may order the debtor to turn over the property to the creditor. A judgement in rem is an effective way to ensure a debt is paid, and can be a powerful tool for creditors in Arizona. It is also important for debtors to understand the potential ramifications of a judgement in rem before entering into a court proceeding.
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