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

25 Del. C. § 6308

Answer to claim; hearing; final order of sale

Official textdelcode.delaware.gov

# (a)

The defendant in an action of distress may file an answer to the action, setting forth any defenses defendant may have to the action. The court shall schedule the hearing to be held promptly after the levy, but not later than 5 days after the levy. At the hearing, the Court may determine and decide all issues raised, may issue an order for the sale of the goods and may make such orders in connection therewith as may be required.

# (b)

In any final order for the sale of goods distrained, the Court shall have power to increase the amount of rent claimed to an amount equal to the sum of the plaintiff’s original claim plus rent accruing after the filing of the claim for distress up to the day of sale on which rent may fall due.

# (c)

If the tenant named as defendant in an action for distress shall fail to file an answer to the petition for distress and/or appear at the time and place set for the hearing, the Court may upon motion of the plaintiff issue an order for the sale of the goods distrained.

Amendment history

58 Del. Laws, c. 472, § 1; 70 Del. Laws, c. 513, § 18

Source: view the official text

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In this title (40 sections)
  1. 25-5720 · Shielding of records
  2. 25-5901 · Petition for receivership; grounds, notice and jurisdiction
  3. 25-5902 · Necessary parties defendant
  4. 25-5903 · Defenses
  5. 25-5904 · Stay of judgment by defendant
  6. 25-5905 · Receivership procedures
  7. 25-5906 · Powers and duties of the receiver
  8. 25-5907 · Discharge of the receiver
  9. 25-6101 · Metering and charges for utility services
  10. 25-6102 · Definitions
  11. 25-6103 · Preference of rent in cases of execution
  12. 25-6104 · Confession of judgment
  13. 25-6105 · Taxes paid by tenant; setoff against rent; recovery from owner
  14. 25-6301 · Action at law; jurisdiction; case in which distress lies
  15. 25-6302 · Form of claim; contents; costs
  16. 25-6303 · Order of distress; service of claim and order; levy;…
  17. 25-6304 · Levied goods in custody of Court; removal and sale;…
  18. 25-6305 · Protective measures upon a showing that a tenant may abscond
  19. 25-6306 · Procedure in the event of a forcible entry
  20. 25-6307 · Release of distrained property upon filing of bond
  21. 25-6308 · Answer to claim; hearing; final order of sale
  22. 25-6309 · Public sale of property distrained; notice of sale
  23. 25-6310 · Liability of officer
  24. 25-6501 · , 6502. Preference of rent in cases of execution; taxes paid…
  25. 25-6503 · , 6504. Discrimination in renting; refusal to rent because of…
  26. 25-6701 · Definitions
  27. 25-6702 · Term of verbal lease and term of lease in which no term…
  28. 25-6703 · Lease in which term expressed; notice to terminate;…
  29. 25-6704 · Remedy of agricultural landlord
  30. 25-6705 · Distress on agricultural leases
  31. 25-6706 · Preference of rent in cases of execution
  32. 25-6707 · Removal by tenant of hay
  33. 25-6708 · Obstruction by tenant; protection afforded tenant’s crops
  34. 25-6709 · Duties of outgoing tenants with respect to corn
  35. 25-6710 · Rent payable with portion of grain or produce
  36. 25-6711 · Distress of agricultural produce; appraisal
  37. 25-6712 · Delivery of grain or other produce, or payment of estimated…
  38. 25-6713 · Number and compensation of appraisers
  39. 25-6714 · Crops reserved as rent
  40. 25-6715 · Lien on crops
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