Delaware Code § 10-9633

Procedure
Open in Lexace · Ask the AI about this section
(a) In a proceeding under this subchapter, the service of a summons shall be as in all other civil actions. If service is unable to be
perfected, the Court may forward a certified letter, return receipt requested, to the defendant enclosing the statement of claim and informing
the defendant that a hearing will be held 15 days from the date of the certified letter based upon the claim outlined in the statement of claim.
(b) The summons and the certified letter shall both contain a provision instructing the defendant not to intentionally destroy, damage,
sell or secrete the item in question with the further proviso that the violation thereof could result in a civil contempt violation in accordance
with § 9506 of this title.
(c) The trial of the issue shall be as in all other civil actions.
(d) Should judgment be entered in favor of the plaintiff, the Court shall issue a writ of replevin in the form outlined in § 9634 of this title.
(e) Upon the execution of the writ of replevin, there shall be a stay of 15 days from the date of the judgment during which the plaintiff
shall not sell, damage, destroy or secrete the items. A violation of this section could result in a civil contempt violation in accordance
with § 9506 of this title. The purpose of the stay is to permit the defendant to appeal or otherwise act.
(f) Any statute inconsistent with the contents of this section is repealed.

‹ Prev All Delaware sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.