Protective measures upon a showing that a tenant may abscond

Upon petition of the plaintiff in distress and upon a showing under oath or affirmation of a need for protective measures because the tenant may abscond or remove and conceal that tenant’s goods, the Court may take any or all of the following protective measures:

# (1)

The constable or sheriff shall be directed to make the levy forthwith and at any time;

# (2)

The constable or sheriff can take actual possession of the goods levied upon and remove same from the leased premises to such place as the Court may direct pending the release or sale of the goods. Removal of the goods may, if the Court deems it necessary, be conditioned on the filing of a bond by the plaintiff in such amount and in such form as the Court may determine but in an amount not less than the fair market value of the goods removed. The expense of removal of any goods from the leased premises to any other place for storage pending sale shall be included as part of the costs of distress;

# (3)

The Court may order the levying officer to enter the premises forcibly if entry cannot otherwise be gained.

Amendment history

58 Del. Laws, c. 472, § 1; 70 Del. Laws, c. 186, § 1

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