Distress

Distress (legal process)

Introduction to Distress

Distress (legal process), right to seize the personal property of another person as payment of debts. This includes distress for the payment of rent, which is the right of a landowner to seize personal property belonging to a renter, and to hold it as a security for the payment of rent. Distress for taxes is the right of the tax collector to seize personal property of the taxpayer and to apply it to the payment of taxes that are owed. Distress differs from attachment in that attachment involves the seizure of property by court order, while distress is seizure undertaken by an individual. In the modern laws of most countries, the principal of distress has been abolished or modified.” (1)

Signals of Distress: International Incident

In the book “International Incidents for Discussion in Conversation Classes”, in relation to this subject, L. Oppenheim wrote in 1909: Vattel (iii. § 178) relates the following case: In 1755, during war between Great Britain and France, a British man-of-war appeared off Calais, made signals of distress for the purpose of soliciting French vessels to approach to her succour, and then seized a sloop and some sailors who came out to bring her help.

Resources

Notes and References

• Information about Distress in the Encarta Online Encyclopedia

Guide to Distress