Distrained

Distrained is a legal term referring to the act of seizing a person's property to satisfy a debt or obligation. This is typically done by a creditor or their agent when a debtor fails to pay rent or other financial dues. The property that is distrained is often movable items, such as goods or livestock, but can also include land in some jurisdictions.

The process of distraining property usually involves the physical seizure and holding of the assets by the creditor. The seized property is then often sold at auction to recover the outstanding debt. If the sale proceeds exceed the amount owed, the surplus is typically returned to the debtor. However, if the sale does not cover the debt, the creditor may still be able to pursue further legal action to recover the remaining balance.

Distraint is a self-help remedy, meaning it can often be carried out by the creditor without direct court intervention in the initial stages. However, legal procedures and limitations govern its use, and wrongful distraint can lead to legal challenges and penalties for the creditor. The specific rules and applicability of distraint vary significantly depending on the jurisdiction and the nature of the debt. It is a measure often used in landlord-tenant disputes for unpaid rent.