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Distraint
Distraint or distress is "the seizure of someone’s property in order to obtain payment of rent or other money owed", especially in common law countries. Distraint is the act or process "whereby a person (the ''distrainor''), traditionally even without prior court approval, seizes the personal property of another located upon the distrainor's land in satisfaction of a claim, as a pledge for performance of a duty, or in reparation of an injury." Distraint typically involves the seizure of goods ( chattels) belonging to the tenant by the landlord to sell the goods for the payment of the rent. In the past, distress was often carried out without court approval. Today, some kind of court action is usually required, the main exception being certain tax authorities – such as HM Revenue and Customs in the United Kingdom and the Internal Revenue Service in the United States – and other agencies that retain the legal power to levy assets (by either seizure or distraint) without a court ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bailiff
A bailiff (from Middle English baillif, Old French ''baillis'', ''bail'' "custody") is a manager, overseer or custodian – a legal officer to whom some degree of authority or jurisdiction is given. Bailiffs are of various kinds and their offices and duties vary greatly. Another official sometimes referred to as a ''bailiff'' was the ''Vogt''. In the Holy Roman Empire a similar function was performed by the ''Amtmann''. British Isles Historic bailiffs ''Bailiff'' was the term used by the Normans for what the Saxons had called a '' reeve'': the officer responsible for executing the decisions of a court. The duty of the bailiff would thus include serving summonses and orders, and executing all warrants issued out of the corresponding court. The district within which the bailiff operated was called his '' bailiwick'', even to the present day. Bailiffs were outsiders and free men, that is, they were not usually from the bailiwick for which they were responsible. Throughout Nor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Enforcement Authority
The Swedish Enforcement Authority ( sv, Kronofogdemyndigheten; literally: ''The Crown Bailiff Authority'') is a government agency in charge of debt collection, distraint, evictions, and the enforcement of court orders in Sweden. The authority also supervise trustees in bankruptcy. Authority The Enforcement Authority is the only organization in Sweden empowered to withdraw money from bank accounts of debtors and, if necessary, visit the homes and companies of debtors to seize (distrain) property. The authority also has the right to withhold money directly from a debtor's income. It can collect debts for individuals and businesses as well as for the government. Payment order A person or organization whose debtor refuses to pay an outstanding debt can submit a claim (payment order) to the Authority. The respondent is served the claim, and has to respond within a certain time. If there is no response and if there is proof that the claim has been served the recipient, the Authority is e ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tribunals, Courts And Enforcement Act 2007
The Tribunals, Courts and Enforcement Act 2007 is an Act of the Parliament of the United Kingdom. It provides for several diverse matters relating to the law, some of them being significant changes to the structure of the courts and fundamental legal procedures. Part 1 provides a scheme for radical overhaul of the tribunal system in the UK, creating a new unified structure with two new tribunals to embrace the former fragmented scheme, along with a Senior President of Tribunals. Part 2 defines new criteria for appointment as a judge, generally reducing the length of experience required with the aim of increasing diversity in the judiciary. Part 3 creates a new system of taking control of goods in order to enforce judgments and abolishes ancient common law writs and remedies such as ''fieri facias'', '' replevin'' and distress for rent. It introduces a modern system of 'certified enforcement agents' and 'exempted enforcement agents' which includes civil servants such as court o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Quia Emptores
''Quia Emptores'' is a statute passed by the Parliament of England in 1290 during the reign of Edward I that prevented tenants from alienating their lands to others by subinfeudation, instead requiring all tenants who wished to alienate their land to do so by substitution. The statute, along with its companion statute ''Quo Warranto'' also passed in 1290, was intended to remedy land ownership disputes and consequent financial difficulties that had resulted from the decline of the traditional feudal system in England during the High Middle Ages. The name ''Quia Emptores'' derives from the first two words of the statute in its original mediaeval Latin, which can be translated as "because the buyers". Its long title is A Statute of our Lord The King, concerning the Selling and Buying of Land. It is also cited as the Statute of Westminster III, one of many English and British statutes with that title. Prior to the passage of ''Quia Emptores'', tenants could either subinfeudate ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Schwingen Pfändung
(from German ' "to swing"), also known as Swiss wrestling (French ') and natively (and colloquially) as ' (Swiss German for "breeches-lifting"), is a style of folk wrestling native to Switzerland, more specifically the pre-alpine parts of German-speaking Switzerland. Wrestlers wear ' ("wrestling breeches") with belts that are used for taking holds. Throws and trips are common because the first person to pin his or her opponent's shoulders to the ground wins the bout. Schwingen is considered a "national sport" of Switzerland, alongside Hornussen and Steinstossen. Schwingen and Steinstossen were included as ''Nationalturnen'' ("national gymnastics") in the ''Eidgenössisches Turnfest'' at Lausanne in 1855. The modern history of organized ''Schwingen'' tournaments begins with the Unspunnenfest of 1805. History As with other types of folk wrestling, the roots of Schwingen in Switzerland cannot be determined exactly. The modern sport was institutionalized in the 19th century out o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Human Rights Act 1998
The Human Rights Act 1998 (c. 42) is an Act of Parliament of the United Kingdom which received royal assent on 9 November 1998, and came into force on 2 October 2000. Its aim was to incorporate into UK law the rights contained in the European Convention on Human Rights. The Act makes a remedy for breach of a Convention right available in UK courts, without the need to go to the European Court of Human Rights (ECHR) in Strasbourg. In particular, the Act makes it unlawful for any public body to act in a way which is incompatible with the convention, unless the wording of any other primary legislation provides no other choice. It also requires the judiciary (including tribunals) to take account of any decisions, judgment or opinion of the European Court of Human Rights, and to interpret legislation, as far as possible, in a way which is compatible with Convention rights. However, if it is not possible to interpret an Act of Parliament so as to make it compatible with the convention, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Repossession
Repossession, colloquially repo, is a "self-help" type of action, mainly in the United States, in which the party having right of ownership of the property in question takes the property back from the party having right of possession without invoking court proceedings. The property may then be sold by either the financial institution or third party sellers. The extent to which repossession is authorized, and how it may be executed, greatly varies in different jurisdictions (see below). When a lender cannot find the collateral, cannot peacefully obtain it through self-help repossession, or the jurisdiction does not allow self-help repossession, the alternative legal remedy to order the borrower to return the goods (prior to judgment) is replevin. The security interest over the collateral is often known as a lien. The lender/creditor is known as the lienholder. General The existence and handling of repossessions varies greatly between jurisdictions. In most jurisdictions outsid ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Foreclosure
Foreclosure is a legal process in which a lender attempts to recover the balance of a loan from a borrower who has stopped making payments to the lender by forcing the sale of the asset used as the collateral for the loan. Formally, a mortgage lender (mortgagee), or other lienholder, obtains a termination of a mortgage borrower (mortgagor)'s equitable right of redemption, either by court order or by operation of law (after following a specific statutory procedure). Usually a lender obtains a security interest from a borrower who mortgages or pledges an asset like a house to secure the loan. If the borrower defaults and the lender tries to repossess the property, courts of equity can grant the borrower the equitable right of redemption if the borrower repays the debt. While this equitable right exists, it is a cloud on title and the lender cannot be sure that they can repossess the property. Therefore, through the process of foreclosure, the lender seeks to immediately ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Collection Agency
Debt collection is the process of pursuing payments of debts owed by individuals or businesses. An organization that specializes in debt collection is known as a collection agency or debt collector. Most collection agencies operate as agents of creditors and collect debts for a fee or percentage of the total amount owed. History Debt collection has been around as long as there has been debt and is older than the history of money itself, as it existed within earlier systems based on bartering. Debt collection goes back to the ancient civilizations, starting in Sumer in 3000 BC. In these civilizations if a debt was owed that could not be paid back, the debtor and the debtor's spouse, children or servants were forced into "debt slavery" until the creditor recouped losses via their physical labor. Under Babylonian Law, strict guidelines governed the repayment of debts, including several basic debtor protections. In some societies debts would be carried over into subsequent generat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Attachment (law)
Attachment is a legal process by which a court of law, at the request of a creditor, designates specific property owned by the debtor to be transferred to the creditor, or sold for the benefit of the creditor. A wide variety of legal mechanisms are employed by debtors to prevent the attachment of their assets. Prejudgment attachment Prejudgment attachment or Prejudgment writ of attachment allows recovery of money damages by levying a security interest on the property of the party paying money damages. A writ of attachment is filed to secure debt or claim of the creditor in the event that a judgment is rendered. Foreign attachment procedures have existed from time to time in Scotland, where it was known as ''arrestment''; in France, where it was known as '' saisie arret''; in the U.S and elsewhere. (Google Books) Prejudgment attachment in Chinese litigation proceeding can be obtained by the plaintiff before filing the case with court or arbitration commission in the case of emergen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Eviction
Eviction is the removal of a tenant from rental property by the landlord. In some jurisdictions it may also involve the removal of persons from premises that were foreclosed by a mortgagee (often, the prior owners who defaulted on a mortgage). Depending on the laws of the jurisdiction, eviction may also be known as unlawful detainer, summary possession, summary dispossess, summary process, forcible detainer, ejectment, and repossession, among other terms. Nevertheless, the term ''eviction'' is the most commonly used in communications between the landlord and tenant. Depending on the jurisdiction involved, before a tenant can be evicted, a landlord must win an eviction lawsuit or prevail in another step in the legal process. It should be borne in mind that ''eviction'', as with ''ejectment'' and certain other related terms, has precise meanings only in certain historical contexts (e.g., under the English common law of past centuries), or with respect to specific jurisdict ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sweden
Sweden, formally the Kingdom of Sweden,The United Nations Group of Experts on Geographical Names states that the country's formal name is the Kingdom of SwedenUNGEGN World Geographical Names, Sweden./ref> is a Nordic country located on the Scandinavian Peninsula in Northern Europe. It borders Norway to the west and north, Finland to the east, and is connected to Denmark in the southwest by a bridgetunnel across the Öresund. At , Sweden is the largest Nordic country, the third-largest country in the European Union, and the fifth-largest country in Europe. The capital and largest city is Stockholm. Sweden has a total population of 10.5 million, and a low population density of , with around 87% of Swedes residing in urban areas in the central and southern half of the country. Sweden has a nature dominated by forests and a large amount of lakes, including some of the largest in Europe. Many long rivers run from the Scandes range through the landscape, primarily ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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