Transitory vs. local actions


PERSONAL ACTIONS. A personal action seeks the recovery of personal property, enforcement of a contract or the recovery of damages.

Where to file? Personal actions are filed in the place where the defendant or any of the defendants resides or may be found, or where the plaintiff or any of plaintiffs resides, at the election of plaintiff.

Personal actions are also called transitory actions. Transitory actions may be filed in any place or places where parties may reside.

REAL ACTIONS. Seeks the recovery of real property, or an action affecting title to property or for recovery of possession, or for partition, or condemnation of, or foreclosure of mortgage on real property.

Where to file? Real actions are filed in the province or city where property or any part thereof lies.

Real actions are also called local actions. Local actions may be filed in a fixed place, where property or any part thereof lies.Transitory action is any action that can be brought in any venue where the defendant can be personally served with process. Common examples of transitory actions are lawsuits brought to recover damages in breach of contract or tort actions. xxx Transitory actions are distinguishable from local actions, which can be brought only where the subject matter of the controversy exists. (Transitory Action Law and Legal Definition. USLegal. definitions.uslegal.com/t/transitory-action)

Local actions are actions that can be brought only in the jurisdiction where the cause of action arose. For example, a classic type of local action is one in which title to real property will be directly affected by the judgment of the court. Such actions generally must be tried in the county where the particular property is located. (Local Action Law and Legal Definition. USLegal. definitions.uslegal.com/l/local-action)

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