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Distrain
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 cour ...
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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 ...
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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 ...
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