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Delaware Code (Titles 8, 9, 25, 30)

25 Del. C. § 6302

Form of claim; contents; costs

Official textdelcode.delaware.gov

# (a)

The claim for distress shall name the tenant as defendant and shall set forth the name and address of the landlord, the name and address of the tenant and the facts as to any assignment of the rental agreement, the premises leased, the date of the rental agreement, the term of the rental agreement, the rent required to be paid by the tenant, the amount of rent in arrears and the plaintiff’s statement that there is reason to believe the levied property would be disposed of absent the issuance of the levy. The claim for distress shall also set forth facts supporting the plaintiff’s reasonable belief that the goods on the leased premises to be levied upon would be disposed of absent the issuance of the writ. The claim for distress shall be made under oath or affirmation by the plaintiff.

# (b)

The claim shall be filed in a Court of the Justice of the Peace located in the county wherein the commercial unit or a portion thereof is situated.

# (c)

The costs in the action shall include the cost of the sale.

Amendment history

58 Del. Laws, c. 472, § 1; 70 Del. Laws, c. 513, § 16

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In this title (40 sections)
  1. 25-5714 · Compelling attendance of jurors
  2. 25-5715 · Execution of judgment; writ of possession
  3. 25-5716 · Stay of proceedings by tenant; good faith dispute
  4. 25-5717 · Stay of proceedings on appeal
  5. 25-5718 · Proceedings in forma pauperis
  6. 25-5719 · Landlord regaining possession of residential rental unit upon…
  7. 25-5720 · Shielding of records
  8. 25-5901 · Petition for receivership; grounds, notice and jurisdiction
  9. 25-5902 · Necessary parties defendant
  10. 25-5903 · Defenses
  11. 25-5904 · Stay of judgment by defendant
  12. 25-5905 · Receivership procedures
  13. 25-5906 · Powers and duties of the receiver
  14. 25-5907 · Discharge of the receiver
  15. 25-6101 · Metering and charges for utility services
  16. 25-6102 · Definitions
  17. 25-6103 · Preference of rent in cases of execution
  18. 25-6104 · Confession of judgment
  19. 25-6105 · Taxes paid by tenant; setoff against rent; recovery from owner
  20. 25-6301 · Action at law; jurisdiction; case in which distress lies
  21. 25-6302 · Form of claim; contents; costs
  22. 25-6303 · Order of distress; service of claim and order; levy;…
  23. 25-6304 · Levied goods in custody of Court; removal and sale;…
  24. 25-6305 · Protective measures upon a showing that a tenant may abscond
  25. 25-6306 · Procedure in the event of a forcible entry
  26. 25-6307 · Release of distrained property upon filing of bond
  27. 25-6308 · Answer to claim; hearing; final order of sale
  28. 25-6309 · Public sale of property distrained; notice of sale
  29. 25-6310 · Liability of officer
  30. 25-6501 · , 6502. Preference of rent in cases of execution; taxes paid…
  31. 25-6503 · , 6504. Discrimination in renting; refusal to rent because of…
  32. 25-6701 · Definitions
  33. 25-6702 · Term of verbal lease and term of lease in which no term…
  34. 25-6703 · Lease in which term expressed; notice to terminate;…
  35. 25-6704 · Remedy of agricultural landlord
  36. 25-6705 · Distress on agricultural leases
  37. 25-6706 · Preference of rent in cases of execution
  38. 25-6707 · Removal by tenant of hay
  39. 25-6708 · Obstruction by tenant; protection afforded tenant’s crops
  40. 25-6709 · Duties of outgoing tenants with respect to corn
Full table of contents →