ABSTRACT
The rights of the creditor may be personal (in personam) against the debtor or, in some circumstances, real (in rem) against the assets in the possession of the debtor. Real rights may arise from contract or by operation of law; an example of the latter is the ancient common law remedy of distress over goods on the debtor’s premises which can be exercised by the landlord to recover arrears of rent. Some creditors have other self-help measures available which may assist them in persuading their debtor to pay; utility companies, for example, may be able to disconnect supplies, which is likely to persuade any debtor who can do so to meet arrears.
