What is a judgement in rem?

A judgement in rem is a legal judgement focusing on a specific asset owned by an individual, such as a piece of property. This type of judgement is unique to civil procedure in Virginia and is distinct from a judgement in personam, which concerns the rights and liabilities of the individuals involved in a lawsuit. In Virginia, a judgement in rem is an order or declaration of a court that is binding and enforceable against specific assets. A judgement in rem is often issued when a party in a lawsuit has declared their assets to be immune from suit or execution. When a judgement in rem is issued, the asset is treated as a ‘thing’ instead of a person. As such, the asset can be held liable for any damages or claims resulting from the lawsuit. In some cases, a judgement in rem may also be requested by a defendant in order to ensure that an asset is not taken away from the defendant without due process. This request may come as a result of the plaintiff’s intent to liquidate the asset in order to pay damages. In this case, a judgement in rem would be issued, preventing the plaintiff from taking any further action against the asset until the judgement is settled in court.

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What is a judgement in rem?

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