§ 9554 — Sale of goods levied upon; advertisement

(a) The goods and chattels taken on execution issued by a Justice of the Peace Court shall not be sold until they are advertised for at least 10 days, in at least 5 of the most public places in the neighborhood, by advertisements setting forth the goods to be sold, and the day, hour and place of sale.

(b) One advertisement shall be delivered to every person whose goods are to be sold, and to the defendant’s landlord, or to the landlord’s agent if there is one residing within the county.

(c) One advertisement shall be delivered to the sheriff of the county.

(d) One such advertisement shall be delivered to each plaintiff in the execution, and also to each plaintiff in any other execution or executions at the time in the hands of the constable, or sheriff, or shall be left at the usual place of abode of such plaintiff, respectively, if there is such place of abode within the county.

(e) If any plaintiff in any such execution resides out of the county, the advertisement shall be transmitted to such plaintiff by mail, being enclosed and addressed to such plaintiff at the post office nearest such plaintiff’s place of abode at least 10 days before the day of sale.

(f) The conduct of the sale shall be in accordance with Justice of the Peace Court rule or policy, which may include, but is not limited to, the establishment of a minimum bid or other requirements intended to ensure that the sale process is fair and reasonable to both the owner of the goods and the holder of the judgment.

Legislative History

Code 1852, § 2122; 13 Del. Laws, c. 161, § 1 ; Code 1915, § 4027; Code 1935, § 4511; 10 Del. C. 1953, § 9561; 70 Del. Laws, c. 186, § 1 ; 70 Del. Laws, c. 232, § 9 ; 80 Del. Laws, c. 228, § 2 ; 82 Del. Laws, c. 204, § 6