§ 309 — Sale of motor vehicle in possession of Secretary of Safety and Homeland Security

Delaware § 309

• Jurisdiction: Delaware
• Title: 21
• Part: General Provisions
• Ch. 3: DEPARTMENT OF PUBLIC TRANSPORTATION AND DEPARTMENT OF SAFETY AND HOMELAND SECURITY

Text

(a) Whenever the owner or person entitled to the possession of any motor vehicle, or part thereof, in the custody of the Secretary of Safety and Homeland Security (hereinafter “Secretary”) cannot be located and fails to claim the motor vehicle, or part thereof, for a period of 3 months after the motor vehicle, or part thereof, came into the custody of the Secretary, the motor vehicle may be disposed of by the Secretary at public sale at some place which is convenient and accessible to the public at any time between the hours of 10:00 a.m. and 6:00 p.m.

(b) The time, place and terms of the sale, together with a full detailed description of the motor vehicle, or part thereof, shall be inserted in 1 or more newspapers published in the city or county where the sale is to take place at least once each week for 2 successive weeks prior to the sale. A registered notice shall be mailed at least 10 days prior to the sale to the owner, lienholder, if any, shown on the records of the Secretary of Safety and Homeland Security or person entitled to the possession of the motor vehicle, or part thereof, if such person’s address be known, or if it can be ascertained by the exercise of reasonable diligence. If the address cannot be ascertained by the exercise of reasonable diligence, then such notice shall not be required to be given.

(c) Any excess in the amount of the selling price of the motor vehicle, or part thereof, at the sale, over and above the expenses thereof, and the amount of the storage and repair charges incurred by the Secretary of Safety and Homeland Security (hereinafter “Secretary”) during the period in which the motor vehicle, or part thereof, was in the Secretary’s custody, and after the payment of all liens to which the motor vehicle, or part thereof, may be subject, in order of their priority, shall be accounted for and deposited by the Secretary to the credit of the State Treasurer as other receipts of the Department. If the owner or person entitled to the possession of the motor vehicle, or part thereof, presents to the Secretary a claim for such excess at any time within 1 year from the date of the sale, the Secretary shall draw a warrant upon the State Treasurer for such excess and such excess shall thereupon be paid over by the State Treasurer to the owner or person entitled to the possession of the motor vehicle, or part thereof.

Legislative History

36 Del. Laws, c. 10, § 147A ; 37 Del. Laws, c. 10, § 36 ; Code 1935, § 5687; 21 Del. C. 1953, § 314; 57 Del. Laws, c. 670, § 6D ; 70 Del. Laws, c. 186, § 1 ; 74 Del. Laws, c. 110, §§ 18-21