DISTRAINT Meaning and
Definition
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Distraint is a legal term that refers to the act of seizing personal property or possessions as a means of enforcing an individual or entity's right, usually a creditor, to collect a debt. It involves the authorized taking of property to achieve payment or settlement of outstanding financial obligations.
In the context of law, distraint typically occurs following a failure to pay debts or fulfill legal obligations. It provides the creditor with a legal mechanism to recover the owed amount by seizing and removing property belonging to the debtor. This property is then held until the debt is settled or an agreement is reached.
The process of distraint usually involves a legal notice or writ issued by a court or government entity, instructing the authorized party – often a bailiff or sheriff – to take possession of the debtor’s property. The property may include tangible assets such as vehicles, furniture, or equipment, as well as intangible assets like bank accounts or investments.
Distraint serves as a way for creditors to secure payment, as the seized assets can be sold or auctioned off to cover the outstanding debt. Nonetheless, laws and regulations surrounding distraint vary across jurisdictions, often providing debtor protections and specifying the conditions under which distraint is allowed.
In summary, distraint is the legal process of seizing personal property to ensure the collection of a debt, allowing creditors to recover what is owed to them through the authorized removal and potential sale of the debtor's assets.
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A seizing of goods for rent, &c.
Etymological and pronouncing dictionary of the English language. By Stormonth, James, Phelp, P. H. Published 1874.
Common Misspellings for DISTRAINT
Etymology of DISTRAINT
The word distraint originated from the Old French term destrait or destreinte which was derived from the Latin word districtus, the past participle of distringere. Distringere can be further broken down into dis- meaning apart and stringere meaning to draw tight or bind. Over the centuries, the term districtus evolved into distreint in Old English, which eventually transformed into the modern English word distraint.
Similar spelling words for DISTRAINT
- distract,
- disturbance,
- district,
- distressing,
- distractedly,
- distortable,
- distributor,
- diestrual,
- disadorned,
- distraction,
- distributer,
- distort,
- distrait,
- distributed,
- disturb,
- desiderant,
- distant,
- distrain,
- Distrained,
- distribute,
- distorted,
- distrust,
- taciturnity,
- distrustful,
- distortion,
- distraught,
- distracted,
- disturbing,
- testerned.
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