The tools of trade are items that are exempt from

attachment Attachment may refer to: Entertainment * ''Attachments'' (novel), a 2011 novel by Rainbow Rowell * ''Attachments'' (TV series), a BBC comedy-drama that ran from 2000 to 2002 Law * Attachment (law), a means of collecting a legal judgment by lev ...

under

bankruptcy law Bankruptcy is a legal process through which people or other entities who cannot repay debts to creditors may seek relief from some or all of their debts. In most jurisdictions, bankruptcy is imposed by a court order, often initiated by the deb ...

or from seizure. The exemption exists in many jurisdictions. For examples: * In England, the

Bankrupts (England) Act 1825 The Act 6 Geo 4 c 16, sometimes called the Bankruptcy Act 1825, the Bankrupt Act, the Bankrupts Act 1825 or the Bankrupts England Act 1825, was an Act of the Parliament of the United Kingdom. It was repealed by section 1 of, and Schedule A to, t ...

(6 Geo IV) included it in a short list of exemptions: "tools of trade, necessary household furniture, and the wearing apparel of himself, his wife and children". The

Bankruptcy Act 1883 Bankruptcy is a legal process through which people or other entities who cannot repay debts to creditors may seek relief from some or all of their debts. In most jurisdictions, bankruptcy is imposed by a court order, often initiated by the debtor ...

and the

Bankruptcy Act 1890 Bankruptcy is a legal process through which people or other entities who cannot repay debts to creditors may seek relief from some or all of their debts. In most jurisdictions, bankruptcy is imposed by a court order, often initiated by the deb ...

contained the same exception. The

Bankruptcy Act 1914 The Bankruptcy Act 1914 ( 4 & 5 Geo. 5. c. 59) was an Act of the Parliament of the United Kingdom which formed the primary source of UK insolvency law for approximately 70 years. It came into force on 1 January 1915 repealing a number of earli ...

contained an exception. The

Insolvency Act 1986 The Insolvency Act 1986c 45 is an Act of the Parliament of the United Kingdom that provides the legal platform for all matters relating to personal and corporate insolvency in the UK. History The Insolvency Act 1986 followed the publication and ...

that is nowadays applicable states "such tools, books, vehicles and other items of equipment as are necessary to the bankrupt for use personally by him in his employment, business or vocation". * In Australia the

Bankruptcy Act 1966 Bankruptcy is a legal process through which people or other entities who cannot repay debts to creditors may seek relief from some or all of their debts. In most jurisdictions, bankruptcy is imposed by a court order, often initiated by the deb ...

exempts the "ordinary tools of trade, plant and equipment hellip;ordinary professional instruments and professional reference books". * All of the provinces of Canada have a tools of trade exemption in their various bankruptcy laws. * In the United States, the Bankruptcy Code (USC 2) §522(f) exempts implements, professional books, and tools of the trade. All of these owe this exemption to the provisions for bankrupts that existed in

English common law English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, bee ...

before it was codified by statute. What exactly constitute one's tools of trade comes down to case law, and the case law of the United States exemplifies how complex such case law often is. Farmers have claimed mechanical cream separators. A professional forest guide claimed his canoe as exempt, but was not allowed to claim his rifle. A car used only for commuting to work is not a tool of the trade, but a motor vehicle can be, including a farm tractor. Breeding stock can be, as can be a logging truck and trailer. However, some cases have limited the exemption to personal hand tools and not large machinery or power tools.

England and Wales

Under the

Courts Act 2003 The Courts Act 2003 (c.39) is an Act of the Parliament of the United Kingdom implementing many of the recommendations in Sir Robin Auld's (a Court of Appeal judgeReview of the Criminal Courtsin England and Wales (also known as the "Auld Review ...

, "such tools, books, vehicles and other items of equipment as are necessary to the execution debtor for use personally by him in his employment, business or vocation" are exempted from seizure under a

writ of execution A writ of execution (also known as an execution) is a court order granted to put in force a judgment of possession obtained by a plaintiff from a court. When issuing a writ of execution, a court typically will order a sheriff or other similar off ...

issued from the High Court. Under the

Proceeds of Crime Act 2002 The Proceeds of Crime Act 2002 (c.29) (POCA) is an Act of the Parliament of the United Kingdom which provides for the confiscation or civil recovery of the proceeds from crime and contains the principal money laundering legislation in the U ...

, "such tools, books, vehicles and other items of equipment as are necessary for use personally in the defendant's employment, business or vocation" are exempted from seizure under section 47C(1) of that Act.The Proceeds of Crime Act 2002, section 47C(2)(b) and (4)(a)

References

What supports what

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England and Wales

References

What supports what

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Further reading