distraint

Distraint is a legal remedy in which a creditor may seize and hold a portion of a debtor’s personal property to compel payment of a debt, typically for rent arrears, taxes, or other sums due. The term has historical roots in English common law and has come to describe similar processes in various civil and common-law jurisdictions. Distress may be carried out by authorized officers, such as bailiffs or sheriffs, and the proceeds from the sale of seized goods are applied to the outstanding debt, subject to statutory exemptions and safeguards.

Historically, the most common form was distress for rent, used by landlords to recover unpaid rent by detaining goods found on the premises or belonging to the tenant. A related practice, distress for nonpayment of taxes or fines, allowed public authorities to seize goods to satisfy obligations. Distress damage feasant was a related concept where a landowner could seize an animal causing damage, in certain circumstances, to secure compensation. The exact procedures, exemptions (such as essential household items or tools of a trade), and protections against abuse varied by jurisdiction and era.

In modern law, many jurisdictions have reformed or replaced distraint with more regulated enforcement mechanisms, such as civil warrants, levies under writs of execution, garnishment, or other creditor remedies. Where distraint remains, it is typically tightly regulated to prevent harassment and to balance the rights of debtors with the needs of creditors. The specifics depend on local statutes and case law.