Delaware § 9633 Procedure

Delaware Statutes

§ 9633 — Procedure

Delaware·Title 10·Part Justices of the Peace·Ch. 95 PROCEDURE·Subch. Replevin and Detinue

(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.

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(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(f) Any statute inconsistent with the contents of this section is repealed.

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