distraint


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distraint

The legal right of a landlord to obtain a court order and seize tenants'possessions to pay for back rent.

References in periodicals archive ?
The distraint revelation, made in the official report of the receivers, has infuriated creditors - already angry that they have little or no chance of recovering any of the debt and that Mr Bowyer and Mr Rauer have kept their family of Jensen companies at arms' length from the Creative collapse.
Having lost is preferential creditor status, distraint allows HMRC to effectively jump to the front of the queue of creditors and obtain priority in respect of those seized assets.
They proceeded to air numerous grievances: high, regressive taxes, ruinous lawsuits for debts and taxes, improper distraint and sale of property for nonpayment of debts and taxes, the scarcity of money or circulating media to facilitate payments, extortionate fees charged by county officials and lawyers, corrupt sheriffs who embezzled tax moneys, control of local government by a coterie of officials who acquiesced if not participated in the corruption, and the dominance of the legislature by Eastern political interests who refused to recognize, much less remedy, the grievances of the Westerners.
Forfeiture should only be considered when you wish your tenant to leave the property so you can re-let it, where the tenant has insufficient goods to secure the debt or where entry for distraint is not possible.
The distraint is on properties measuring 28,000 square meters including offices and factory units, to guarantee what ANAF claims to be USD 10 M worth of taxes due.
In these circumstances Joseph Sturge could only do the honest thing and resign, refuse to pay the rate and suffer distraint of goods as a result.
To protect the interest of the government, there is a need to place under constructive distraint the properties of the aforesaid taxpayer and his wife, to prevent them from dissipating, disposing or conveying their properties, with authority from this office,'' said the bank officer, quoting the BIR order.
For example, property owned as tenants by the entirety that might not be reachable for distraint action would be valued, at a reduced rate, in determining total equity in assets.
If Dogan fails to present the sufficient guarantee, a precautionary distraint will be imposed on the holding.
However, the General Prosecutor's Office blocked entrance to the building on the grounds of distraint of 100% of shares.
The Sofia Court of Appealas distraint upon the City hallas account is a result of numerous contract and protocol violations concerning a company providing services for the new Rila mountain park.
The early common law did experiment with granting specific performance, but ceased doing so by the fourteenth century, in part because of the difficulty of enforcing such relief by distraint, which was the common law mode of process.