Distraint

References

(Wikipedia, 2016) ⇒ http://en.wikipedia.org/wiki/Distraint Retrieved 2016-09-11
- 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.^[1] 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."^[2] 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,^[3] the main exception being certain tax authorities, such as HM Revenue and Customs in the United Kingdom and, in the United States, the Internal Revenue Service — agencies that retain the legal power to levy assets (by either seizure or distraint) without a court order.^[4]

↑ "Oxford Dictionaries". http://www.askoxford.com/concise_oed/distraint?view=uk.
↑ 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).