Distress - sustany/dvg GitHub Wiki

Distress means to seize another�s personal property for the satisfaction of a demand.�

In general, the main reasons for which distress may be allowed include: (1) Arrears of rent; (2) Failure to pay taxes and certain fines; (3) Failure to pay for goods and services received.

Cases such as this one from Kentucky, explain that �the fundamental element of distress is taking of another's personal property out of his possession either for holding or for sale in order to obtain satisfaction of a past due rent claim.�

In the context of a landlord � tenant relationship, cases such as this one from New Jersey, explain that the process of distress, sometimes called distraint, is a �common law right of a landlord to seize a tenant's goods and chattels in a nonjudicial proceeding to satisfy an arrears of rent.�

In the past, distress was often carried out without legal process; but now�in most U.S. states distress (or distraint law) is regulated by statute. For Example, N.J.S.A. 2A:33-1 through 2A:33-23 governs distress law in New Jersey.