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Simple English definitions for legal terms
recaption
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A quick definition of recaption:
Recaption: Recaption is a legal term that refers to two different things. The first is when someone takes someone else's property again to make sure they do what they promised to do. The second is when someone takes back their own property that was taken from them without using the law.
A more thorough explanation:
Definition: Recaption refers to two different actions:
- Under common law, recaption is the lawful seizure of someone else's property for a second time to ensure that a duty is performed. This is also known as a second distress. For example, if a landlord seizes a tenant's property to cover unpaid rent, but the tenant pays the rent owed, the landlord cannot keep the property. However, if the tenant fails to pay rent again, the landlord can seize the property again to cover the new debt.
- Recaption can also refer to the peaceful retaking of one's own property that has been wrongfully taken, without legal process. For example, if someone steals your bike and you see them riding it down the street, you can peacefully take it back without involving the police.
Both examples illustrate the two different meanings of recaption. In the first example, the landlord is legally allowed to seize the tenant's property again because the tenant failed to fulfill their obligation to pay rent. In the second example, the owner of the bike is allowed to peacefully take back their property because it was wrongfully taken from them.