distraint
/dis'treinmənt/ Cách viết khác : (distraint) /dis'treint/
Học thuậtThân thiện
Definition
Noun: 1. The legal seizure and holding of property: This refers to the act of taking possession of someone's property, typically by legal authority, to force payment of a debt or to satisfy a claim. The property is held as security until the obligation is met.
Usage
- Distraint is a formal legal term used in contexts involving debt collection, landlord-tenant disputes, or tax enforcement.
- It describes the process itself, not the specific items seized.
- It is often used with prepositions like on (e.g., distraint on goods) or of (e.g., distraint of property).
Examples
- The landlord initiated distraint on the tenant's furniture for unpaid rent.
- The law permits the distraint of goods to recover overdue taxes.
- They avoided distraint by settling the debt before the bailiff arrived.
Advanced Usage
- To levy a distraint: This is a common collocation meaning to officially impose or carry out the seizure.
- The council has the power to levy a distraint for non-payment of local taxes.
Variants and Related Words
- Distrain (verb): The action of seizing property by distraint.
- The creditor may distrain the debtor's assets.
- Distress (noun): In legal contexts, this is an older or more general term for the same action, often seen in historical or specific compound phrases like "distress warrant."
- Seizure (noun): A more general synonym for taking property, not always specific to debt.
Synonyms
- Seizure
- Confiscation (though this often implies permanent loss of property)
- Impounding
Related Phrases
- Writ of distraint: A court order authorizing the seizure.
- Distraint warrant: A legal document empowering an official to carry out the seizure.
Noun
- the seizure and holding of property as security for payment of a debt or satisfaction of a claim
- Originally distress was a landlord's remedy against a tenant for unpaid rents or property damage but now the landlord is given a landlord's lien