In every action where two distresses concur, that is, in rem and in personam, that is to be chosen which is most dreaded, and which binds most firmly.

Explanation

(English-origin maxim.) When both an action in rem and an action in personam are available, counsel should choose the more powerful remedy — the one that binds more firmly and is most likely to compel compliance.

Where this applies

• A creditor who can either seize the debtor's house through foreclosure or sue the debtor personally for the debt chooses foreclosure because it is the more powerful remedy.
• A plaintiff deciding between suing for possession of a piece of land and suing the occupant for money damages chooses the property action because it gives him back the land itself.
• A litigant with claims against both the person and the property chooses the remedy that binds most firmly — attaching the property — because it is harder for the defendant to evade.