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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.


Last updated: 05-26-2005 20:17:29
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