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Topic: Distraint

	[No title] (Site not responding. Last check: 2007-10-20)
		Distraint (athgaba/l, "taking back") is a procedure whereby a private individual can seek redress for an offense by formally seizing another's property without recourse to a court of law.
		Distraint may be postponed due to a death in or an attack upon the defendant's house.
		Distraint cannot be conducted under other circumstances, such as holy days or when the defendant is moving house.
	pages.prodigy.net /gobackstage/chaos-digest-issues/chaos-digest-v20n10.txt (3774 words)

	:: Threat of distraint - Tax Debt
		Distraint is a process whereby the Revenue may take some of your possessions for sale at auction towards settlement of an unpaid tax bill.
		Distraint is a very ancient course of action, involving many unfamiliar terms like 'seizure', which can sound quite frightening.
		He will normally have warned you that he is considering making a distraint visit, but he does not need to make an appointment and he will usually just turn up at a time that suits him.
	www.insolvencyhelpline.co.uk /tax_debt/threat_of_distraint.htm (1463 words)

	Celt Law 8 (Site not responding. Last check: 2007-10-20)
		There also exists a special form of distraint, called "athgaba/l inmleguin", whereby a surrogate for the defendant is distrained, probably usually a member of the same kin-group as the defendant, even though he might also be a ra/th (surety) that had guaranteed a contract that the defendant has broken.
		In case of distraint of a surrogate, the period of notification is doubled and the surrogate has to be formally informed for which offence he is being distraint, where they will be impounded, and the identity of a "fethem" (legal representative for the plaintiff).
		As there are many and difficult considerations to be made in case of a distraint, and formal procedures are to be followed, it is important to have a professional lawyer (aigne) who carries out the distraint on behalf of the claimant.
	home.flash.net /~bellbook/faolcu/celtlaw08.html (1314 words)

	Idaho Statutes (Site not responding. Last check: 2007-10-20)
		The warrant of distraint shall bear the date of its issuance, and shall be directed to the county sheriff.
		A record of all warrants of distraint shall, upon their return, be kept by the tax collector for a period of two (2) years.
		Upon the return of any warrant of distraint showing property taxes uncollected it shall be the duty of the tax collector, when directed by the county commissioners, to commence and prosecute to judgment an action against the delinquent taxpayer, and no property shall be exempt from levy and sale upon execution issued on the judgment.
	www3.state.id.us /cgi-bin/newidst?sctid=630100012.K (360 words)

	Oikeuslaitos - Distraint and garnishment
		Distraint and garnishment are intended to secure the repayment of a debt in enforcement: the income of the debtor is garnished and his or her assets distrained to an amount covering the debt in enforcement.
		In general, all types of asset and income are subject to distraint or garnishment.
		Namely, distraint may be carried out also as security for a payment schedule, in which event the auction is held only if the debtor fails to keep to the schedule.
	www.oikeus.fi /19887.htm (259 words)

	NATIONAL INTERNAL REVENUE CODE OF 1997 - CHAN ROBLES & ASSOCIATES LAW FIRM
		Stocks and other securities shall be distrained by serving a copy of the warrant of distraint upon the taxpayer and upon the president, manager, treasurer or other responsible officer of the corporation, company or association, which issued the said stocks or securities.
		The warrant of distraint shall be sufficient authority to the person owning the debts or having in his possession or under his control any credits belonging to the taxpayer to pay to the Commissioner the amount of such debts or credits.
		The remedy by distraint of personal property and levy on realty may be repeated if necessary until the full amount due, including all expenses, is collected.
	www.chanrobles.com /legal6title34.htm (1787 words)

	German Law Cases : Institute of Global Law
		The distraint of receivables on accounts kept with banks in the forum State in the name of that enterprise serving to secure a claim against an enterprise having legal capacity of a foreign State accordingly does not come up against a prohibition in international law of improper jurisdictional basis.
		For distraint would not be opposed here by any prohibition in general international law even if foreign States' enterprises having legal capacity were to be granted immunity to the same extent as those States themselves.
		The Court of Cassation approved the distraint of receivables of the Algerian old-age insurance for the self-employed, an institution set up by the Algerian State with legal capacity of its own (établissement public), with the following justification: the legal relationship on which the legal dispute was based was of a purely private nature.
	www.ucl.ac.uk /laws/global_law/german-cases/cases_bverg.shtml?12apr1983 (6570 words)

	Chapter 9 (Site not responding. Last check: 2007-10-20)
		In all other distraints commenced under statute bailiffs may distrain at any time but it may be assumed that similar limitations to distress for rent will apply in statutory distraint (i.e.
		Distraint can only be halted by the debtor at one of two specific stages.
		Most forms of distraint are exempt from s285(3) which provides that after the making of a bankruptcy order a creditor who is able to prove in the bankruptcy shall not have any remedy against the property of the bankrupt.
	www.insolvency.gov.uk /pubsscheme/technical/techmanvol1/Ch1-12/Chapter9/Part1/Part_1.htm (6532 words)

	House of Commons - Explanatory Note
		Distraint involves taking possession of a debtor's goods and, if the debtor fails to pay the sum owed in the time allowed, removing them and putting them up for sale by public auction.
		Although there is no statutory requirement in tax legislation to provide notice of distraint, in line with accepted good practice and the Government's proposals for effective enforcement of debt recovery, the Inland Revenue's guidance specifies that debtors should be given a 7 day period of notice of distraint action.
		Clause 5(1) provides for the period of notice of distraint action in respect of National Insurance contributions to be aligned with that which is given in respect of tax debts.
	www.parliament.the-stationery-office.co.uk /pa/cm200304/cmbills/002/en/03002x--.htm (3612 words)

	Opinion No. 24607, Tolemac, Inc. v. United Trading, Inc., et al. (Site not responding. Last check: 2007-10-20)
		If any property so distrained is not the property of the tenant, the tenant shall immediately name the owner thereof and inform the officer of the ownership and the officer shall distrain sufficient other property of the tenant to pay the rent and costs.
		Landlord contends the master's ruling disallowing distraint of third-party property violates the plain language of the statute.
		We overrule Frady to the extent it may be read for the proposition that the current distraint statutes apply only to property of the tenant.
	www.law.sc.edu /opinions/24607.htm (621 words)

	WA Employment Security - RCW 50.24.100 Distraint procedure
		The commissioner, upon making a distraint, shall seize the property and shall make an inventory of the property distrained, a copy of which shall be mailed to the owner of such property or personally delivered to him, and shall specify the time and place when said property shall be sold.
		A notice specifying the property to be sold and the time and place of sale shall be posted in at least two public places in the county wherein the seizure has been made.
		Sums so refundable to a delinquent employer may be subject to seizure or distraint in the hands of the commissioner by any other taxing authority of the state or its political subdivisions.
	fortress.wa.gov /esd/portal/resources/rcw/rcw50-24-100.htm (336 words)

	Commercial Leasing Newsletter: Landlord's Legal Remedies
		It is necessary, therefore, to carry out the distraint in a way so as not to interfere with the tenant’s right to use and enjoy the premises.
		Sometimes, however, physical removal is not practical and so the law allows for "constructive" distraint whereby the landlord can change the locks as long as the appropriate notice is posted and given to the tenant.
		The notice must advise the tenant that the locks have been changed only to secure the chattels that are going to be sold and the tenant can continue to use the premises under the landlord’s supervision as long as he doesn’t use or take the chattels being distrained.
	www.cohenhighley.com /articles/clnews001.htm (885 words)

	Distraint - Voluntary liquidations following levy
		If, after you have levied distraint, a company goes into voluntary liquidation you are entitled to complete the distraint by sale.
		You may be asked to withdraw the distraint because the liquidator wishes to arrange for sale of the distrained goods himself.
		Withdraw your distraint and advise ICHU of the position so they may lodge their claim for any outstanding debt.
	www.hmrc.gov.uk /manuals/recmanual/REC2543.htm (459 words)

	Relating to state agency debt collection; creating new provisions; and amending ORS 29.375.
		(2) After the receipt of the distraint warrant, the clerk of the county shall enter the warrant in the County Clerk Lien Record in the manner described in ORS 205.125.
		The warrant shall have the effect described in ORS 205.125 and 205.126 and this section and may be enforced as provided in ORS 29.375, 205.125 and 205.126 and this section.
		(4) The sheriff shall return the distraint warrant to the department and pay the department the money collected not less than 60 days from the date the copy of the distraint warrant was directed to the sheriff.
	www.leg.state.or.us /99reg/measures/sb0200.dir/sb0209.int.html (937 words)

	CITES BY TOPIC: distraint
		The inchoate right and interest which a landlord has in the property of a tenant located on the demised premises.
		The term ''levy'' as used in this title includes the power of distraint and seizure by any means.
		Except as otherwise provided in subsection (e), a levy shall extend only to property possessed and obligations existing at the time thereof.
	www.famguardian1.org /TaxFreedom/CitesByTopic/distraint.htm (328 words)

	AGO_1949-51_No_147 (Site not responding. Last check: 2007-10-20)
		(1) Jeopardy distraint is appropriate for enforcement of a personal property tax lien where the property is about to be acquired by a P.U.D. (2) Acquisition of property by the state or a political subdivision thereof should extinguish tax liens, regardless of the manner in which title is acquired.
		The remedy of jeopardy distraint is appropriate for enforcement of the lien of personal property taxes under the circumstances presented.
		Accordingly, you are advised that the remedy of jeopardy distraint is an appropriate and proper remedy for the treasurer of Jefferson County to follow under the circumstances presented.
	www.atg.wa.gov /opinions/1949-51/opinion_1949-51_147.html (1805 words)

	Distraint Definition / Distraint Research (Site not responding. Last check: 2007-10-20)
		Distraint has a similar meaning in Canadian law, though it applies further to apartment rental situations.
		Distraint is the legal process which allows the Inland Revenue to take (the legal term.
		distraint is a powerful and extraordinary right because:.
	www.elresearch.com /Distraint (292 words)

	The Ultimate Distraint - American History Information Guide and Reference
		Distraint is a condition under English law in which a debtor may be forced to surrender personal possessions for sale to account for a debt.
		The precedent for this can be found in the Magna Carta, and it is similar to the action of forfeiture in the United States.
		Distraint has a similar meaning in Canadian law, though it applies more to apartment rental situations.
	www.historymania.com /american_history/Distraint (117 words)

	180F2d304 US v O Dell (Site not responding. Last check: 2007-10-20)
		A "levy" requires that property be brought into legal custody through seizure, actual or constructive, levy being an absolute appropriation in law of the property levied on, and mere notice is insufficient.
		The method for accomplishing a levy on a bank account is the issuing of warrants of distraint, the making of the bank a party, and the serving with notice of levy, copy of the warrants of distraint, and notice of lien.
		Section 3710 requires the surrender of property or rights to property (1) subject to distraint; (2) upon which a levy has been made; (3) unless such property is subject to an attachment or execution under judicial process.
	www.michiganmilitia.org /html/lesson14.html (1853 words)

	Independent Review of Bailiff Law (Site not responding. Last check: 2007-10-20)
		This indicates that, although there are areas of doubt, the powers of distraint exercised by bailiffs generally conform to the requirements of the Convention.
		For example, it will be enough if a debtor pays the debt on the basis that there has been a distraint or if a distrainor walks around the premises and gives the debtor written notice that he or she has distrained upon certain goods therein.
		Where distraint is governed by legislation it usually stipulates how certain aspects of the sale are to be conducted.
	ccpr.law.cam.ac.uk /reviewbailiff.html (13834 words)

	6331 Bankruptcy
		Collection: Federal tax liens: Levy and distraint: Bankruptcy.--An involuntary petition in bankruptcy filed against the taxpayer by his creditors alleging that federal tax liens had been filed and that personal property of the taxpayer was scheduled to be sold at public auction, was defective.
		Counsel for the alleged bankrupt contends that, inasmuch as a lien for delinquent taxes is not one obtained through legal proceedings, a distraint of specific personal property to enforce collection of such a lien is not the kind of distraint intended by Congress in adding the words "or distraint" by amendment in 1952.
		notice of levy and distraint, based on a tax lien against Construction, a creditor of the bankrupt, was declared null and void as no determination had been made as to how the assets of the estate were to be distributed or as to whether any dividend was to be declared on the claim of Construction.
	www.irstaxattorney.com /levy/part5-levy/6331_bankruptcy_p4.html (7670 words)

	HB 1303 permit use of distraint, including booting,...
		the department may use distraint, including the booting of the motor vehicle, as well as the seizure and sale of the motor vehicle to enforce payment of the arrearage.
		Before initiating distraint or booting, the department shall check with the Division of Motor Vehicles to identify any motor vehicles registered in the obligor's name, the address on the vehicle registration, and the name of any lien holder on the vehicle.
		The department may initiate distraint, including booting of the vehicle, seizure, and sale without further notice to the obligor if the obligor defaults on the payments as agreed.
	legis.state.sd.us /sessions/2000/bills/HB1303P.htm (505 words)

	COMELEC: Local Government Code (Site not responding. Last check: 2007-10-20)
		Such certificate shall serve as sufficient warrant for the distraint of personal property aforementioned, subject to the taxpayer's right to claim exemption under the provisions of existing laws.
		Said Committee on Appraisal shall be composed of the city or municipal treasurer as chairman, with a representative of the Commission on Audit and the city or municipal assessor as members.
		To this end, the provincial, city or municipal treasurer, as the case may be, shall prepare a duly authenticated certificate showing the name of the taxpayer and the amount of the tax, fee, or charge, and penalty due from him.
	www.comelec.gov.ph /laws/lgc_b2t1ch4.html (1621 words)

	LANDLORD LIEN WAIVERS: Law and Practice (Site not responding. Last check: 2007-10-20)
		By statute, distraint may not be taken against property interests of others or to cover more than one year’s rent arrearage.
		This is a specific exclusion that has been held to exclude all non-consensual landlord’s liens whether under common law (such as distraint) or by statute, regardless of whether labeled as a “landlord’s lien” or not.
		The confluence of a landlord’s distraint remedy and its quasi liens under each of the Landlord and Tenant Act and the Loft Act threatens secured lenders and equipment lessors.
	www.meislik.com /main/publications/article_category/519 (3317 words)

	Tax and Debt: What is Distraint ?
		Distraint is the legal process which allows the Inland Revenue to take your possessions for sale at auction towards settlement of an unpaid tax bill.
		Distraint involves costs which the taxpayer has to pay.
		The collector should act within the law, and you need not fear the illegal behaviour that is sometimes reported of bailiffs who carry out distraint for other debts.
	www.uk-debt-help.com /Distraint.htm (1236 words)

	The Distraint by Collectors (Fees, Costs and Charges) (Amendment) Regulations 1995
		The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made.
		These Regulations may be cited as the Distraint by Collectors (Fees, Costs and Charges) (Amendment) Regulations 1995 and shall come into force on 8th September 1995.
		They make new provision with respect to the fees chargeable on or in connection with the levying of distress where a visit is made to premises, and with respect to the costs and charges recoverable where distress has been levied, and goods are subsequently sold.
	www.hmso.gov.uk /si/si1995/Uksi_19952151_en_1.htm (609 words)

	[No title]
		Distress Distress, the act of distraining (seizing) a tenant's goods to satisfy an arrears of rent, is a common law right of the landlord exercised in a nonjudicial proceeding.
		From a policy standpoint, it is appropriate that all distraint be governed by a single set of rules.
		Distress and lien statutes are distinguishable in terms of the legal nature of the parties' relationship, subject of the relationship, use of space involved, and expectation and behavior of the parties.
	www.lawrev.state.nj.us /rpts/d&alien.doc (3427 words)

	County News Online - Hats Off to ....
		A distraint warrant is a physical notice, served by a sheriff’s deputy, that is posted to mobile homes and businesses having delinquent property taxes.
		For Colorado counties, delinquent taxes are collected only after they have been a year in arrears, and by the time a distraint warrant is usually issued, nearly two years have passed since the taxes have been attached as a lien against the property.
		To respond to this challenge, a cooperative agreement was reached between the sheriff and the treasurer to facilitate and deliver distraint warrants.
	www.naco.org /cnews/1999/99-11-22/hats.htm (584 words)

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