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Legal Definitions - distrain

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Definition of distrain

Definition: To force a person, usually a tenant, to perform an obligation such as paying overdue rent by seizing and detaining their personal property. It can also refer to seizing goods by distress, which is a legal remedy that allows the rightful owner to recover property wrongfully taken.

Examples:

  • If a tenant fails to pay rent, the landlord may distrain their personal property, such as furniture or electronics, until the rent is paid.
  • A creditor may distrain the property of a debtor who has failed to pay their debts.

These examples illustrate how distrain is used to force someone to fulfill their obligations by taking possession of their personal property. It is a legal remedy that allows the rightful owner to recover property that has been wrongfully taken.

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Simple Definition

Term: DISTRAIN

Definition: Distraint is when someone takes your things to make you do something you owe them. For example, if you don't pay your rent, your landlord might take your TV until you pay what you owe. It's a way for people to get what they're owed by taking things that belong to the person who owes them.

The end of law is not to abolish or restrain, but to preserve and enlarge freedom.

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