Order of distress; service of claim and order; levy; inventory; return; duration of levy

# (a)

Upon the filing of an action of distress, a justice of the peace shall make a determination as to the claim’s compliance with the provisions of this chapter, and upon a determination of compliance, the Court shall promptly issue an order requiring plaintiff to file a cash bond or a bond with surety in such amount and in such form as the Court shall determine and an order to a constable or sheriff of that county directing that all goods on the leased premises be levied upon, once plaintiff has filed said bond. A copy of the claim of distress and order of levy shall be served upon each tenant on the leased premises, as provided herein. The order shall also set forth the time and place where the defendant may appear and make answer to the allegations in the claim.

# (b)

The levy may be made within the hours of 8:00 a.m. to 8:00 p.m.

# (c)

The officer making the levy shall then proceed to make an inventory of each article of goods distrained upon and shall deliver to each tenant found on the premises, or if not so found, leave affixed to the premises, a copy of the inventory as provided herein.

# (d)

The officer serving the order shall make a return of the officer’s action to the court, including the date and time thereof.

# (e)

A levy for distress shall not remain in force for more than 60 days and if the goods distrained are not sold within that period they shall be discharged from the levy.

Amendment history

58 Del. Laws, c. 472, § 1; 70 Del. Laws, c. 513, § 17; 84 Del. Laws, c. 42, § 116

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