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A distraint in progress, depicted in an 1846 painting by Peter Schwingen
Distraint or distress is "the seizure of someone’s property in order to obtain payment of rent or other money owed",[1] especially in common law countries.[2] Distraint is the act or process "whereby a person (the distrainor), traditionally even without prior court approval, seizes the personal property of another located upon the distrainor's land in satisfaction of a claim, as a pledge for performance of a duty, or in reparation of an injury."[3] Distraint typically involves the seizure of goods (chattels) belonging to the tenant by the landlord to sell the goods for the payment of the rent. In the past, distress was often carried out without court approval. Today, some kind of court action is usually required,[4] the main exception being certain tax authorities – such as HM Revenue and Customs in the United Kingdom and the Internal Revenue Service in the United States – and other agencies that retain the legal power to levy assets (by either seizure or distraint) without a court order.[5]
^Walsh v Lonsdale (1882) 21 Ch 9
^"Oxford Dictionaries".[dead link]
^Steven H. Gifis, Barron's Law Dictionary, p. 139 (2d ed. 1984).
^"Distress", Britannica CD 2000
^See United States v. Rodgers, 461 U.S. 677, 103 S. Ct. 2132, 83-1 U.S. Tax Cas. (CCH) paragr. 9374 (1983) (dicta) and Brian v. Gugin, 853 F. Supp. 358, 94-1 U.S. Tax Cas. (CCH) paragr. 50,278 (D. Idaho 1994), aff’d, 95-1 U.S. Tax Cas. (CCH) paragr. 50,067 (9th Cir. 1995).
Distraint or distress is "the seizure of someone’s property in order to obtain payment of rent or other money owed", especially in common law countries...
Kronofogden) is the government agency in Sweden responsible of debt collection, distraint, evictions, and enforcement of court orders. The authority also supervise...
Chamber Court extended to breaches of the public peace, cases of arbitrary distraint or imprisonment, pleas which concerned the treasury, violations of the...
Parliament, Charles resurrected an all-but-forgotten law called the "Distraint of Knighthood", in abeyance for over a century, which required any man...
maladaptive behaviors Mental distress (or psychological distress) Distress, or distraint, the act of seizing goods to compel payment Distress (novel), a novel...
This act also forbade ship money without Parliament's consent, fines in distraint of knighthood, and forced loans. Monopolies were cut back sharply, the...
Legal action to recover for the wrongful taking of personal property Distraint – Seizure of property to obtain payments Foreclosure – Legal process where...
loans and trade (l–107) innkeeping (108–111) fraud by couriers (112) distraint and pledge of persons for debt (113–119) safe custody or deposit (120–126)...
form of security that the damage would be made good. One peculiarity of distraint lay in the fact that the distrainor did not get any form of legal possession...
removal. Similarly, when a landlord exercises a contractual remedy of distraint of goods for unpaid rent, the landlord need not remove the goods from...
ineffectual in compelling the desired performance. The commonest mechanism was distraint, also known as distress (districtio), whereby the lord would seize chattels...
Lutley c. 1300 1352 Staffordshire (1332) Outlaw on whom he was serving distraint. Hugh Snel c. 1315 1380 Stafford (1337–38, 1354, 1360, 1362–63, 1365–66...
compensation for damage caused by it. It is part of the law relating to distraint. In some cases the party also has the right to sell the chattel. The chattel...
their wages are actually garnished. Attachment of earnings Collections Distraint Judgment (law) Student loan default in the United States Tax refund interception...
arrest, committal, detention and control (formally called distress or distraint). These functions can also be carried out by employees of private companies...
and use, extended to breaches of the public peace, cases of arbitrary distraint (property seizure) or imprisonment, pleas which concerned the treasury...
assessment on personal as well as real property, payment to be enforced by distraint. This demand gave rise to popular discontent, which now began to see a...
to the revolutions, they took on a more political tone; notably in The Distraint and Return from the Fields. In his later years, he focused on large formats...
property to satisfy a tax liability. The levy "includes the power of distraint and seizure by any means". The general rule is that no court permission...
against any compensation benefits paid to a patient. Bottomry Detinue Distraint False lien Mechanic's lien Mortgage Pawnbroker Replevin Repossession Security...
Group, which soon sold its share to the local attorney and prominent distraint enforcer for state-owned national broadcaster HTV, Marijan Hanžeković...
any time. Article 8 The official income of the clergy is exempt from distraint to the same extent as the official salary of the civil servants of the...
1603–1714. Taylor & Francis. pp. 136–45. ISBN 9781351985420. H. H. Leonard, "Distraint of Knighthood: The Last Phase, 1625–41." History 63.207 (1978): 23–37...
program. Bankruptcy Credit risk Debt relief Forensic corporate collections Distraint – "the seizure of someone’s property in order to obtain payment of rent...
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