Study hard, for the well is deep, and our brains are shallow.

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Legal Definitions - distraint

LSDefine

I feel like I'm in a constant state of 'motion to compel' more sleep.

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Definition of distraint

Definition: Distraint is the seizure of someone's property to make them pay a debt or fulfill a duty, like paying overdue rent. It is a legal remedy that allows the seizure of personal property to put pressure on the owner to satisfy a lawful demand.

Examples: If a tenant fails to pay rent, the landlord may use distraint to seize the tenant's personal property, like furniture or electronics, until the rent is paid. Another example is when a creditor seizes a debtor's property to satisfy a debt.

Explanation: Distraint is a legal process that allows a person or entity to seize someone's property to secure payment or performance of a duty. The examples illustrate how distraint is used in practice, such as when a landlord uses it to collect overdue rent or when a creditor uses it to satisfy a debt. The property seized is held as security until the debt is paid or the duty is performed.

A 'reasonable person' is a legal fiction I'm pretty sure I've never met.

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Simple Definition

Distraint is when someone takes another person's things to make sure they do what they're supposed to do, like paying rent. It's a way to put pressure on someone to do the right thing. The things that are taken are called the "distressed goods." The person who took them has to give them back once the problem is fixed or the debt is paid. Sometimes, if the first set of things taken isn't enough, a second set can be taken.

If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.

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It's every lawyer's dream to help shape the law, not just react to it.

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