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Encyclopedia > Distraint

Distraint is a condition under English law in which a debtor may be forced to surrender personal possessions for sale to account for a debt. The precedent for this can be found in the Magna Carta, and it is similar to the action of forfeiture in the United States. The law provides restrictions upon the seizure of property: perishable food, beds and bedding, clothes, basic furniture and cooking equipment are all exempt. Livestock and one's tools of trade are also not seized. Distraint has a similar meaning in Canadian law, though it applies more to apartment rental situations. English law, the law of England and Wales (but not Scotland and Northern Ireland) is considered by some to be one of Britains great gifts to the world. ... Magna Carta placed certain checks on the absolute power of the English Monarchs. ... Search and seizure is a legal tool whereby police who suspect that a crime has been committed may do a search of the property. ...


  Results from FactBites:
 
:: Threat of distraint - Tax Debt (1463 words)
Distraint is a process whereby the Revenue may take some of your possessions for sale at auction towards settlement of an unpaid tax bill.
Distraint is a very ancient course of action, involving many unfamiliar terms like 'seizure', which can sound quite frightening.
He will normally have warned you that he is considering making a distraint visit, but he does not need to make an appointment and he will usually just turn up at a time that suits him.
  More results at FactBites »


 
 

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