reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 25 - Property › Chapter 27. Mechanics’ Liens › Subchapter II. Enforcement in Superior Court › § 2725. Procedure where claimant institutes personal action and also proceeds under this chapter.

§ 2725. Procedure where claimant institutes personal action and also proceeds under this chapter.
(a) When the claimant proceeds under this chapter for availing the claimant's own self of that claimant's lien and institutes any personal action for the same demand or any part thereof or for a demand of which the amount for which the claimant claims a lien is a part, it shall be no objection in either suit that some of the parties defendant in the 1 suit are not also parties defendant in the other suit. In any such personal action or in the suit to avail the plaintiff's own self of the lien, whichever is last docketed, the plaintiff shall file an affidavit setting out the demand in each of the suits and stating to what extent the respective demands are identical. The judgment in either of the actions shall not be pleaded as a bar in the other action.
(b) Whenever any moneys are applied on the judgment on either of the demands pursuant to the execution thereof or pursuant to any other execution proceedings, the Superior Court may order all or any part to be credited on the judgment in the other of the demands according to the equity of the matter as the equity appears to the Court.
Code 1915, §  2843A;  38 Del. Laws, c. 159;  Code 1935, §  3324;  25 Del. C. 1953, §  2725;  70 Del. Laws, c. 186, §  1;  84 Del. Laws, c. 42, § 1;
2023 Delaware Code › Title 25 - Property › Chapter 27. Mechanics’ Liens › Subchapter II. Enforcement in Superior Court › § 2726. Mechanics' lien on ship or vessel; time for filing claim; procedure.

§ 2726. Mechanics' lien on ship or vessel; time for filing claim; procedure.
This subchapter shall also extend to labor or materials performed or furnished in the construction, alteration, furnishing, rigging, launching or repairing of any ship or vessel within this State. No bill of particulars and affidavit shall be filed more than 1 year after such ship or vessel has been launched, rigged, furnished and ready for sea or after such repairs have been completed and shall contain the name of the ship or vessel or a description thereof sufficient for identification. Upon filing the bill of particulars and affidavit under the provisions of this section, the prothonotary may issue a writ of attachment, directed to the sheriff of the county in which the ship or vessel may be, commanding the sheriff to attach the defendant by such ship or vessel, together with the tackle, apparel and furniture, wheresoever the same may be found in the sheriff's bailiwick, so that the defendant appears at the next term of the Superior Court to answer the plaintiff's demands. The sheriff shall, under such writ, seize and take possession of the ship or vessel and have the same inventoried and appraised and shall be answerable therefor. If the defendant in the attachment at any time before judgment appears and enters into recognizance to the plaintiff in the writ of attachment in a reasonable penalty and with surety to be approved by the prothonotary with condition to pay the condemnation money and all costs or otherwise abide the judgment of the Superior Court in the case and if the defendant fails to make good the defendant's plea, the attachment shall be dissolved, the ship or vessel shall be discharged, and the case shall proceed as in other cases of assumpsit for work and labor or materials furnished.
16 Del. Laws, c. 145, §  5;  20 Del. Laws, c. 591;  Code 1915, §  2847;  Code 1935, §  3328;  25 Del. C. 1953, §  2726;  84 Del. Laws, c. 42, § 102;
2023 Delaware Code › Title 25 - Property › Chapter 27. Mechanics’ Liens › Subchapter II. Enforcement in Superior Court › § 2727. Auditors; powers and duties; report to Court; exceptions to report.

§ 2727. Auditors; powers and duties; report to Court; exceptions to report.
On the return of the writ of attachment or summons the Court may, upon petition of any person claiming to have performed or furnished labor or materials at the request of the plaintiff or plaintiffs in the attachment, appoint 3 suitable persons to audit and determine the claim of the plaintiff and also the claim of the petitioner, who shall adjust and ascertain all the demands, including that of the plaintiff in the writ. The auditors shall severally be sworn or affirmed to perform their duties according to the best of their skill and knowledge. They shall give 10 days' notice to the parties of the time and place of their first meeting by advertisement, posted at the courthouse door and at least 5 other public places in the county. Their subsequent sittings shall be by adjournment duly made and publicly announced. They may investigate any claim presented in any form they judge best and may examine any of the parties upon oath or affirmation. On receipt of the proceeds of the sale of the property attached or against which judgment is obtained or any part thereof, the auditors shall calculate and settle the proportions and dividends due the several parties and shall make report to the next term of the Court after such appointment and, upon confirmation of the report, pay over to the several parties their respective share of the proceeds according to such appointment. The Court may hear exceptions to and correct such account and report, either in the calculations, dividends, apportionment, or otherwise.
16 Del. Laws, c. 145, §  6;  Code 1915, §  2848;  Code 1935, §  3329;  25 Del. C. 1953, §  2727;
2023 Delaware Code › Title 25 - Property › Chapter 27. Mechanics’ Liens › Subchapter II. Enforcement in Superior Court › § 2728. Judgment on attachment; sale and distribution; suit for deficiency; return of surplus; title under sale.

§ 2728. Judgment on attachment; sale and distribution; suit for deficiency; return of surplus; title under sale.
If the attachment has not been dissolved, as provided in this subchapter, judgment may be given for the plaintiff in the attachment at the second term after issuing the writ as in other cases of attachment, and thereupon the Court may order that the sheriff shall sell the property attached, on due notice, and pay the proceeds, deducting legal costs and charges, to auditors for distribution. Any balance remaining due from the defendant in the attachment to any of the parties after such distribution of the proceeds may be collected as other debts, and any surplus after paying costs shall be returned to the defendant or the defendant's executors, administrators or assigns. All sales made under this subchapter shall be good against the defendant, the defendant's executors, administrators or assigns.
16 Del. Laws, c. 145, §  7;  Code 1915, §  2849;  Code 1935, §  3330;  25 Del. C. 1953, §  2728;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 27. Mechanics’ Liens › Subchapter II. Enforcement in Superior Court › § 2729. Discharge of lien on payment into Court or entry of security.

§ 2729. Discharge of lien on payment into Court or entry of security.
(a) Cash deposit. — Any claim filed hereunder shall, upon petition of the owner or any party in interest, be discharged as a lien against the property whenever a sum equal to the amount of the claim shall have been deposited with the Court in said proceedings for application to the payment of the amount finally determined to be due. Said petition shall include an affidavit by the owner or party in interest setting forth which parts of the claim filed hereunder are disputed and which parts are not disputed. The nondisputed part of the claim shall be paid to the claimant before the lien against the property is discharged. If it is finally determined by the Court that the disputed portion of the claim has been grossly overstated by the affiant, the Court may, in its discretion, award damages to the claimant against the affiant in an amount up to twice the figure stated by the affiant to be disputed.
(b) Refund of excess. — Any excess of funds paid into Court as aforesaid, over the amount of the claim or claims determined and paid therefrom, shall be refunded to the owner or party depositing same upon application.
(c) Security in lieu of cash. — In lieu of the deposit of any such sum or sums in cash, approved security may be entered in such proceedings in an amount which the Court shall approve, which, however, shall in no event be less than the full amount of such required deposit; and the entry of such security shall entitle the owner to have such liens discharged to the same effect as though the required sums have been deposited in Court as aforesaid.
(d) Authority of Court. — The Court, upon petition filed by any party, and after notice and hearing, may upon cause shown:
(1) Require the increase or decrease of any deposit or security;
(2) Strike off security improperly filed;
(3) Permit the substitution of security and enter an exoneration of security already given.
61 Del. Laws, c. 283, §  1;  67 Del. Laws, c. 373, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 27. Mechanics’ Liens › Subchapter III. Enforcement Before Justice of the Peace › § 2731. Lien for less than $100.

§ 2731. Lien for less than $100.
Any person having performed any labor to any amount less than $100 in or for the erection, alteration or repair of any structure or bridge, in pursuance of any contract, expressed or implied, with the owner or reputed owner of such structure or bridge or with any contractor who has contracted for the erection, alteration or repair of any structure or bridge, or any part thereof, may obtain a lien upon such structure or bridge and upon the ground upon which the same may be situated or erected in the manner provided in this subchapter.
16 Del. Laws, c. 145;  19 Del. Laws, c. 263;  Code 1915, §  2850;  Code 1935, §  3331;  25 Del. C. 1953, §  2731;
2023 Delaware Code › Title 25 - Property › Chapter 27. Mechanics’ Liens › Subchapter III. Enforcement Before Justice of the Peace › § 2732. Time for filing statement of claim; place.

§ 2732. Time for filing statement of claim; place.
No person having done or performed any labor in or about the erection, alteration or repair of any structure or bridge shall be allowed to file any statement of that person's claim before a justice of the peace until after the expiration of 20 days from the time of the last labor done or performed by that person, but, in order to avail said person's own self of the benefits of this subchapter, the person shall file that person's claim within 10 days after the expiration of the 20 days aforesaid. Any person entitled to the benefits of this subchapter shall file that person's claim under oath, within the time above specified, with any justice of the peace of the county wherein such structure or bridge is situated.
16 Del. Laws, c. 145;  19 Del. Laws, c. 263;  Code 1915, §  2850;  Code 1935, §  3331;  25 Del. C. 1953, §  2732;  70 Del. Laws, c. 186, §  1;  84 Del. Laws, c. 42, § 1;
2023 Delaware Code › Title 25 - Property › Chapter 27. Mechanics’ Liens › Subchapter III. Enforcement Before Justice of the Peace › § 2733. Requirements of statement of claim.

§ 2733. Requirements of statement of claim.
The statement of claim shall set forth the names of the party claimant, the owner or reputed owner of the structure or bridge, the contractor and the kind of labor done and whether the contract was with the owner or the owner's agent or with the contractor, the sum claimed to be due, the time when the labor was commenced and finished, the location of such structure or bridge, the ground upon which the same is situated, and a description sufficient to identify the same.
16 Del. Laws, c. 145;  19 Del. Laws, c. 263;  Code 1915, §  2850;  Code 1935, §  3331;  25 Del. C. 1953, §  2733;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 27. Mechanics’ Liens › Subchapter III. Enforcement Before Justice of the Peace › § 2734. Summons; judgment; transcript.

§ 2734. Summons; judgment; transcript.
Immediately upon the filing of any claim under this subchapter, the justice of the peace with whom the claim is filed shall issue a summons, as in other civil cases, to the owner and contractor, directed to any constable of the county. The time for the defendant's appearance shall not be more than 3 days from the date of the summons, and not more than 2 adjournments shall be had and then only from day to day. If the defendant fails to appear at the time appointed or if after a hearing the justice is satisfied of the correctness of the claim, the justice shall give judgment as in other cases and, upon the payment of cost and a demand for the transcript, the justice shall furnish such transcript.
16 Del. Laws, c. 145;  19 Del. Laws, c. 263;  19 Del. Laws, c. 264;  Code 1915, §  2850;  Code 1935, §  3331;  25 Del. C. 1953, §  2734;  70 Del. Laws, c. 186, §  1;  84 Del. Laws, c. 42, § 103;
2023 Delaware Code › Title 25 - Property › Chapter 27. Mechanics’ Liens › Subchapter III. Enforcement Before Justice of the Peace › § 2735. Entry of transcript and judgment in Superior Court; effect; costs; contractor to give security to owner.

§ 2735. Entry of transcript and judgment in Superior Court; effect; costs; contractor to give security to owner.
The transcript and judgment may be entered in the Superior Court of the county in which the structure is situated and, when so entered, if within 2 days from the date of the judgment, shall become a lien on such structure or bridge and upon the ground upon which the same is erected and shall relate back to the day when the labor was commenced and shall take priority accordingly. Any and all transcripts taken and entered in the Superior Court under this subchapter shall contain a description of the property upon which it is to become a lien and shall conform to the description set forth in the plaintiff's statement. All costs and charges shall follow the judgment and shall be the same as are authorized by law in civil cases before justices of the peace. Every contractor, when so required, shall give ample security to the owner of any structure being altered, erected or repaired by such contractor to save such owner harmless from the provisions of this subchapter.
16 Del. Laws, c. 145;  19 Del. Laws, c. 263;  Code 1915, §  2850;  Code 1935, §  3331;  25 Del. C. 1953, §  2735;  70 Del. Laws, c. 186, §  1;  84 Del. Laws, c. 42, § 104;
2023 Delaware Code › Title 25 - Property › Chapter 27. Mechanics’ Liens › Subchapter III. Enforcement Before Justice of the Peace › § 2736. Execution by levari facias; form.

§ 2736. Execution by levari facias; form.
The execution of every judgment entered in the Superior Court upon transcript under the provisions of this subchapter shall be by writ of levari facias in the following form:
“County, ss.:
The State of Delaware.
To the Sheriff of said County, Greeting:
We command you that without any other writ from us, of the following described building and lot of ground, to wit (describing the same according to the record) in your bailiwick, you cause to be levied as well a certain debt of , which lately before one of the justices of the peace for the County aforesaid recovered against to be levied of the said building and lot of ground, as also the interest thereon from the day of A.D. , and also the sum of for the costs which accrued thereon according to the form and effect of an Act of the General Assembly in such cases made and provided, and have you there the moneys before our Judges at , at our Superior Court in and for the County of , there to be held on the day of next, to render unto the said for the debt, interest and costs aforesaid and have you then there this writ.
Witness (as in similar writs).
16 Del. Laws, c. 145;  25 Del. Laws, c. 237;  Code 1915, §  2851;  Code 1935, §  3332;  25 Del. C. 1953, §  2736;  70 Del. Laws, c. 186, §  1;  84 Del. Laws, c. 42, § 105;
2023 Delaware Code › Title 25 - Property › Chapter 27. Mechanics’ Liens › Subchapter III. Enforcement Before Justice of the Peace › § 2737. Discharge of lien on payment into Court or entry of security.

§ 2737. Discharge of lien on payment into Court or entry of security.
Transferred to § 2729 of this title, effective July 17, 1990, by 67 Del. Laws, c. 373.
2023 Delaware Code › Title 25 - Property › Chapter 29. LIENS OF THE STATE AND/OR ITS POLITICAL SUBDIVISIONS › § 2902. Attachment of lien to proceeds of sale.

§ 2902. Attachment of lien to proceeds of sale.
In case any real estate upon which a tax lien exists is sold by an order of the Court of Chancery directing an executor or administrator to sell the real estate to pay the debts of a deceased person or is sold by virtue of an execution process, such tax lien shall be transferred to the fund arising from such sale in the hands of the officer making the sale, and the real estate so sold shall be discharged therefrom. If the fund is not sufficient to pay and discharge the tax lien, by reason of the real estate having been sold subject to another or other lien or liens created by the taxable, the unpaid balance of the tax shall remain a lien upon the land so sold.
15 Del. Laws, c. 476;  16 Del. Laws, c. 141;  19 Del. Laws, c. 262;  Code 1915, §  2870;  40 Del. Laws, c. 238, §  3;  Code 1935, §  3351;  25 Del. C. 1953, §  2902;
2023 Delaware Code › Title 25 - Property › Chapter 29. LIENS OF THE STATE AND/OR ITS POLITICAL SUBDIVISIONS › § 2903. Duration of lien.

§ 2903. Duration of lien.
(a) In New Castle County, all taxes assessed against real estate shall continue a lien against the real estate within the County for 10 years from July 1 of the year for which the taxes were levied, but if the real estate remains the property of the person who was the owner at the time it was assessed, the lien shall continue until the tax is collected.
(b) In Kent and Sussex Counties, the lien for county taxes shall be as provided for under § 8705 of Title 9, and the lien for state taxes shall remain a lien as provided for under § 554 of Title 30, and the lien for school taxes shall remain a lien as provided for under § 8705 of Title 9, and, unless a period greater than 10 years is provided by a municipality's charter, the lien for town or municipal taxes shall remain a lien for the period of 10 years from the date prescribed by the charter of the town or city for the delivery of the duplicate of the town or city to the collector thereof and no longer. The collectors, in collecting taxes out of real estate upon which they are a lien under the provisions of § 2901 of this title, shall proceed in the manner prescribed by law for the collection of taxes out of real estate.
15 Del. Laws, c. 476;  16 Del. Laws, c. 141;  19 Del. Laws, c. 556;  20 Del. Laws, Appendix, page 8,, §  11;  Code 1915, §§  1152, 2870;  33 Del. Laws, c. 82, §  2;  40 Del. Laws, c. 135, §  1;  40 Del. Laws, c. 238, §§  1-3;  Code 1935, §§  1348, 3351;  25 Del. C. 1953, §  2903;  82 Del. Laws, c. 225, § 1;
2023 Delaware Code › Title 25 - Property › Chapter 29. LIENS OF THE STATE AND/OR ITS POLITICAL SUBDIVISIONS › § 2904. Payment of taxes by lienholder; action for collection.

§ 2904. Payment of taxes by lienholder; action for collection.
Any person having a lien upon any real estate located within the State may pay to the parties entitled thereto any taxes which are by law liens upon or against the real estate. Any person who has paid any such taxes shall be entitled to receive the full amount of such taxes so paid from the owner of the property or properties upon which the taxes were a lien and may proceed in any court of competent jurisdiction to collect the same in a civil action for money paid out and expended for the use of the defendant.
15 Del. Laws, c. 476;  16 Del. Laws, c. 141;  Code 1915, §  2870;  Code 1935, §  3351;  25 Del. C. 1953, §  2904;
2023 Delaware Code › Title 25 - Property › Chapter 29. LIENS OF THE STATE AND/OR ITS POLITICAL SUBDIVISIONS › § 2905. Action by lienholder to collect tax lien; amount of recovery; affidavit of demand.

§ 2905. Action by lienholder to collect tax lien; amount of recovery; affidavit of demand.
In any action brought to collect any lien upon real estate located within this State, the lienholder shall obtain in the final judgment in the cause the amount of money paid on account of the taxes levied upon the real estate covered by such lien or liens, provided there is set forth in the affidavit of demand filed in the action an itemized list of the taxes paid, the total amount of the payments, that the taxes were justly and truly due at the time of payment and that attached to the affidavit of demand are original and duplicate tax receipts from the officer to whom such taxes were paid. The affidavit of demand shall be filed as any other affidavit of demand is or shall be required to be filed in such proceeding. If judgment has been obtained prior to the payment of the taxes, then, and in that event, such affidavit of demand shall be filed in the office where such judgment is recorded and the amount thereof shall be noted on all writs issued in execution of such judgment or judgments and shall be collected and paid by the officer to whom such writ of execution is issued before any other part of such judgment is paid except only the costs taxed on the proceedings as shown on the writ and any amount of taxes levied and unpaid which constitute a lien on the real estate.
15 Del. Laws, c. 476;  16 Del. Laws, c. 141;  Code 1915, §  2870;  Code 1935, §  3351;  25 Del. C. 1953, §  2905;
2023 Delaware Code › Title 25 - Property › Chapter 31. REGISTRATION OF FEDERAL LIENS › § 3101. Federal tax liens and liens notices.

§ 3101. Federal tax liens and liens notices.
This chapter applies to federal tax liens, and also to other federal liens notices, of which under any Act of Congress or any regulations drafted pursuant thereto, are required or permitted to be filed in the same manner as notices of federal tax liens.
70 Del. Laws, c. 504, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 31. REGISTRATION OF FEDERAL LIENS › § 3102. Place of filing.

§ 3102. Place of filing.
(a) Notices of liens, certificates and other notices affecting federal liens must be filed in accordance with this chapter.
(b) Notices of liens upon real property for obligations payable to the United States and certificates and notices affecting such liens shall be filed in the office of the recorder of deeds of the county or counties in which the real property subject to the liens is situated.
(c) Notices of federal liens upon personal property, whether tangible or intangible, for obligations payable to the United States and certificates and notices affecting the liens, shall be filed as follows:
(1) If the person against whose interest the lien applies is a corporation, partnership or limited liability company whose principal executive office is in this State, as these entities are described in Titles 6 and 8, in the office of the Secretary of State;
(2) If the person against whose interest the lien applies is a trust or other entity that is not covered by paragraph (c)(1) of this section, in the office of the Secretary of State;
(3) If the person against whose interest the lien applies is the estate of a decedent, in the office of the Secretary of State;
(4) In all other cases, including, but not limited to, an individual conducting business as a sole proprietorship, in the office of the recorder of deeds of the county or counties where the person against whose interest the lien applies resides at the time of filing of the notice of lien.
70 Del. Laws, c. 504, §  1;  71 Del. Laws, c. 123, §§  1-3;
2023 Delaware Code › Title 25 - Property › Chapter 31. REGISTRATION OF FEDERAL LIENS › § 3103. Execution of notices and certificates.

§ 3103. Execution of notices and certificates.
Certification of notices of liens, certificates or other notices affecting federal liens by the Secretary of the Treasury of the United States or the Secretary's delegate or by any official or entity of the United States responsible for filing or certifying of notice of any other lien entitles them to be filed, and no other attestation, certification or acknowledgment is necessary.
70 Del. Laws, c. 504, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 31. REGISTRATION OF FEDERAL LIENS › § 3104. Duties of filing officer.

§ 3104. Duties of filing officer.
(a) If a notice of federal lien, a refiling of a notice of federal lien or a notice of revocation of any certificate in subsection (b) of this section is presented to a filing officer who is:
(1) The Secretary of State, the Secretary of State shall cause the notice to be marked, held and indexed in accordance with the provisions of § 9-502 of Title 6 (Uniform Commercial Code) as if the notice were a financing statement within the meaning of that Code; or
(2) Any other officer described in § 3102 of this title, the officer shall endorse thereon the officer's identification and the date and time of receipt and forthwith file it alphabetically or enter it in an alphabetical index showing the name and address of the person named in the notice, the date and time of receipt, the title and address of the official or entity certifying the lien and the total amount appearing on the notice of lien.
(b) If a certificate of release, nonattachment, discharge or subordination of any lien is presented to the Secretary of State for filing the Secretary of State shall:
(1) Cause a certificate of release or nonattachment to be marked, held and indexed as if the certificate were a termination statement within the meaning of the Uniform Commercial Code, but the notice of lien to which the certificate relates may not be removed from the files; and
(2) Cause a certificate of discharge or subordination to be marked, held and indexed as if the certificate were a release of collateral within the meaning of the Uniform Commercial Code.
(c) If a refiled notice of federal lien referred to in subsection (a) of this section or any of the certificates or notices referred to in subsection (b) of this section is presented for filing to any other filing officer specified in § 3102 of this title, the officer shall permanently attach the refiled notice or the certificate to the original notice of lien and enter the refiled notice or the certificate with the date of filing in any alphabetical lien index on the line where the original notice of lien is entered.
(d) Upon the request of any person, the filing officer shall issue a certificate showing whether there is on file, on the date and hour stated therein, any notice of lien, or certificate, or notice affecting any lien under this chapter, naming a particular person, and if a notice or certificate is on file, giving the date and hour of filing of each notice or certificate. The fee for a certificate is $10. Upon request, the filing officer shall furnish a copy of any notice of federal lien, or notice or certificate affecting a federal lien, for a fee of $1.00 per page.
70 Del. Laws, c. 504, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 31. REGISTRATION OF FEDERAL LIENS › § 3105. Fees.

§ 3105. Fees.
(a) The fee for filing and indexing each notice of lien, or certificate or notice affecting the lien, is:
(1) For a lien on real estate, $20;
(2) For a lien on tangible and intangible personal property, $10;
(3) For a certificate of discharge or subordination, $5;
(4) For all other notices, including a certificate of release or non-attachment, $3.
(b) The officer shall bill the district directors of internal revenue or other appropriate federal officials on a monthly basis for fees for documents filed by them.
70 Del. Laws, c. 504, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 35. LIEN OF COMMISSION MERCHANT, FACTOR AND CARRIER › § 3501. Enforcement by public sale; nature of sale.

§ 3501. Enforcement by public sale; nature of sale.
In all cases in which commission merchants, factors and all common carriers or other persons have a lien under existing laws upon any goods, wares, merchandise or other personal property for or on account of the costs or expenses of carriage, storage or labor bestowed on such goods, wares, merchandise or other personal property, if the owner or consignee of the property fails or neglects or refuses to pay the amount of charges upon any such property, goods, wares or merchandise, within 60 days after demand thereof, made personally upon such owner or consignee or at such owner's or consignee's last known place of residence, then in such case the commission merchant, factor, common carrier or other person having such lien may, after the expiration of the period of 60 days, expose the goods, wares, merchandise or other personal property to sale at public auction and sell the same, or so much thereof as is sufficient to discharge the lien together with costs of sale and advertising. Notice of the sale, together with the name of the person to whom the goods have been consigned, shall first be published for 3 successive weeks in a newspaper published in the county and by 6 written or printed handbills, put up in the most public and conspicuous places in the vicinity of the depot where the goods are located.
13 Del. Laws, c. 164, §  1;  Code 1915, §  2857;  Code 1935, §  3338;  25 Del. C. 1953, §  3501;  84 Del. Laws, c. 42, § 106;
2023 Delaware Code › Title 25 - Property › Chapter 35. LIEN OF COMMISSION MERCHANT, FACTOR AND CARRIER › § 3502. Notice in special cases; jurisdiction of justices of the peace in cases of perishable property.

§ 3502. Notice in special cases; jurisdiction of justices of the peace in cases of perishable property.
Upon the application of any of the persons or corporations having a lien upon goods, wares, merchandise or other property, as mentioned in § 3501 of this title verified by affidavit, to any judge of the Superior Court or to the Court of Chancery setting forth that the place of residence of the owner or consignee of any such goods, wares, merchandise or other property is unknown or that such goods, wares, merchandise or other property are of such a perishable nature or so damaged or showing any other cause that renders it impracticable to give the notice as required in § 3501 of this title, then, in such case, the judge hearing such application may make an order, to be signed by such judge, authorizing the sale of such goods, wares, merchandise or other property upon such terms as to notice as the nature of the case may admit of and to such judge seems proper. In cases of perishable property, the affidavit and proceedings required by this section may be had before a justice of the peace.
13 Del. Laws, c. 164, §  2;  Code 1915, §  2858;  Code 1935, §  3339;  25 Del. C. 1953, §  3502;  84 Del. Laws, c. 42, § 107;
2023 Delaware Code › Title 25 - Property › Chapter 35. LIEN OF COMMISSION MERCHANT, FACTOR AND CARRIER › § 3503. Disposition of proceeds of sale.

§ 3503. Disposition of proceeds of sale.
The residue of moneys arising from any sales, either under § 3501 or § 3502 of this title, after deducting the amount of the lien together with costs of advertising and sales, shall be held subject to the order of the owner of the property.
13 Del. Laws, c. 164, §  3;  Code 1915, §  2859;  Code 1935, §  3340;  25 Del. C. 1953, §  3503;
2023 Delaware Code › Title 25 - Property › Chapter 37. LIENS UPON VESSELS FOR WORK, MATERIAL AND SUPPLIES › § 3701. Preference of lien.

§ 3701. Preference of lien.
Ships and vessels of all kinds built, repaired, fitted, furnished and supplied with necessities for navigation within this State, shall be subject to a lien for all debts contracted by the builders, owners, master, agents or consignees thereof for work done or materials and supplies found or provided in the building, repairing, fitting, furnishing, supplying or equipping of the same in preference to any other debt due from the builders, masters, owners, agents or consignees thereof, except for salvage, and such debts shall be a lien upon the ship or vessel in the same manner as if the work had been done or the materials or supplies had been furnished outside of this State and in a port foreign to the home port of the ship or vessel.
22 Del. Laws, c. 208, §  1;  Code 1915, §  2860;  Code 1935, §  3341;  25 Del. C. 1953, §  3701;
2023 Delaware Code › Title 25 - Property › Chapter 37. LIENS UPON VESSELS FOR WORK, MATERIAL AND SUPPLIES › § 3702. Duration of lien.

§ 3702. Duration of lien.
The lien shall continue for and during the period of 2 years next after the work is done or the materials or supplies are furnished or provided to the ship or vessel and no longer.
22 Del. Laws, c. 208, §  2;  Code 1915, §  2861;  Code 1935, §  3342;  25 Del. C. 1953, §  3702;
2023 Delaware Code › Title 25 - Property › Chapter 37. LIENS UPON VESSELS FOR WORK, MATERIAL AND SUPPLIES › § 3703. Persons entitled to lien.

§ 3703. Persons entitled to lien.
The lien for work done or materials and supplies furnished shall exist in favor of all ship builders, ship chandlers, merchants, dealers, tradesmen and mechanics for all work done or materials and supplies furnished or provided in or about the building, repairing, fitting, furnishing, supplying or equipping of such ships or vessels.
22 Del. Laws, c. 208, §  3;  Code 1915, §  2862;  Code 1935, §  3343;  25 Del. C. 1953, §  3703;
2023 Delaware Code › Title 25 - Property › Chapter 39. LIENS OF GARAGE OWNERS, LIVERY AND STABLE KEEPERS; REPLEVIN BY OWNER › § 3901. Persons entitled to liens.

§ 3901. Persons entitled to liens.
(a) Any hotelkeeper, innkeeper, garage owner, auction service or other person who keeps a livery, boarding stable, garage, airport, marina or other establishment and, for price or reward at such livery, boarding stable, garage, airport, marina or other establishment, furnishes food or care for any horse or has the custody or care of any carriage, cart, wagon, sleigh, motor vehicle, trailer, moped, boat, airplane or other vehicle or any harness, robes or other equipment for the same or makes repairs, auctions, performs labor upon, furnishes services, supplies or materials for, stores, safekeeps or tows any carriage, cart, wagon, sleigh, motor vehicle, trailer, moped, boat, airplane or other vehicle or any harness, robes or other equipment for the same shall have a lien upon such horse, carriage, cart, wagon, sleigh, motor vehicle, trailer, moped, boat, airplane or other vehicle, harness, robes or equipment and the right to detain the same to secure the payment of such price or reward.
(b) Unless the context of this chapter requires otherwise, a lienholder shall mean any person defined in subsection (a) of this section.
17 Del. Laws, c. 620, §  1;  Code 1915, §  2863;  34 Del. Laws, c. 193;  Code 1935, §  3344;  25 Del. C. 1953, §  3901;  61 Del. Laws, c. 367, §  1;  68 Del. Laws, c. 62, §§  1, 2;
2023 Delaware Code › Title 25 - Property › Chapter 39. LIENS OF GARAGE OWNERS, LIVERY AND STABLE KEEPERS; REPLEVIN BY OWNER › § 3902. Lienholder's loss of possession.

§ 3902. Lienholder's loss of possession.
In case, either before or after the price or reward become due and payable, the lienholder under § 3901 of this title loses possession of the encumbered property, except by court order pursuant to this chapter, the lienholder's lien shall continue in full force and effect, provided that within 10 days from the time of the loss of possession the lienholder pursuant to § 3903 of this title files an application for the issuance of an authorization to conduct a lien sale or files a counterclaim for the sale of the encumbered property pursuant to this chapter in a replevin action brought pursuant to Chapter 95 of Title 10 by the owners or other persons claiming an interest in the property.
17 Del. Laws, c. 620, §  1;  Code 1915, §  2863;  34 Del. Laws, c. 193;  Code 1935, §  3344;  25 Del. C. 1953, §  3901;  61 Del. Laws, c. 367, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 39. LIENS OF GARAGE OWNERS, LIVERY AND STABLE KEEPERS; REPLEVIN BY OWNER › § 3904. Release of owner's interest in vehicle or property.

§ 3904. Release of owner's interest in vehicle or property.
(a) An owner of property subject to a lien under § 3901 or § 3902 of this title may release any interest in the property after the lien has risen. The release shall be dated when signed and a copy shall be given at the time the release is signed to the person releasing the interest.
(b) The release shall contain all of the following information in simple, nontechnical language:
(1) A description of the property sufficient to identify it.
(2) The names and addresses of the owners.
(3) A statement of the amount of the lien and the facts concerning the claim which gives rise to the lien.
(4) A statement that the person releasing the interest understands that the person has a legal right to a hearing in court prior to any sale of the property to satisfy the lien and the person is giving up the right to appear to contest the claim of the lienholder.
(5) A statement that the person releasing the interest gives up any interest that person may have in the property and the person is giving the lienholder permission to sell the property.
(6) A statement that there is no other person, persons or lienholders who have an outstanding interest in the property.
61 Del. Laws, c. 367, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 39. LIENS OF GARAGE OWNERS, LIVERY AND STABLE KEEPERS; REPLEVIN BY OWNER › § 3905. Notice of sale; disposition of proceeds.

§ 3905. Notice of sale; disposition of proceeds.
(a) Prior to any such sale the lienholder shall give at least 15 days' notice of the sale by handbills posted in 5 or more public places and by advertising in a newspaper published and/or circulated in the county in which the sale is to be held.
(b) The proceeds of the sale shall be applied to the discharge of the lien and the cost of keeping and selling the property. The balance, if any, of the proceeds of the sale shall be deposited not later than 10 days from the date of the sale with the court to be applied by the court to the payment of any lien or security interest to which the property may be subject in the order of their priority, with any remaining proceeds to be paid to the owner or owners of the property sold but, in case such owner or owners cannot be found, such balance shall be turned over to the State Treasurer not later than 60 days from the date of the sale who shall create a special fund thereof and who shall pay to the owner the moneys left if a claim is made within 1 year of the sale, or deposit the moneys in the General Fund if no claim is made within 1 year of the sale.
(c) In every lien sale authorized under this chapter, it shall be the duty of the lienholder to complete and file with the Court a disposition of proceeds form, as designated by the Court, within 10 days from the date of the sale. No transfer of or new certificate of title to the vehicle sold or salvage certificate shall be issued by the Department of Motor Vehicles without proof of the filing of said disposition of proceeds form with the Court within the required time period. A copy of the disposition of proceeds form sealed with the Court's seal shall constitute sufficient proof of filing.
17 Del. Laws, c. 620, §  1;  Code 1915, §  2863;  34 Del. Laws, c. 193;  Code 1935, §  3344;  25 Del. C. 1953, §  3901;  61 Del. Laws, c. 367, §  1;  64 Del. Laws, c. 34, §§  1, 2;  78 Del. Laws, c. 62, §  2;
2023 Delaware Code › Title 25 - Property › Chapter 39. LIENS OF GARAGE OWNERS, LIVERY AND STABLE KEEPERS; REPLEVIN BY OWNER › § 3906. Motor vehicles.

§ 3906. Motor vehicles.
(a) In the case of motor vehicles required to be registered under the motor vehicle laws of this or any other state, notice containing the information required in § 3903(b) of this title shall be given to the registered owners and known lienholders at their addresses of record with the Division of Motor Vehicles or similar agency and the return receipt, signed or unsigned, shall be held and considered as prima facie evidence of service of such notice. The lienholder shall notify the appropriate Delaware auto theft unit.
(b) Any lien created under this chapter shall not extend to any personal property that is not attached to or considered necessary for the proper operation of any motor vehicle and such property shall be returned to the owner of the motor vehicle if the owner of the motor vehicle claims the items prior to the sale of such motor vehicle.
61 Del. Laws, c. 367, §  1;  83 Del. Laws, c. 125, § 3;
2023 Delaware Code › Title 25 - Property › Chapter 39. LIENS OF GARAGE OWNERS, LIVERY AND STABLE KEEPERS; REPLEVIN BY OWNER › § 3907. Priority of lien.

§ 3907. Priority of lien.
(a) All liens created pursuant to § 3901 or § 3902 of this title shall be superior to any lien, title or interest of any person who has a security interest by virtue of a conditional sales contract or a prior perfected security interest in accordance with Article 9 of Title 6.
(b) Notwithstanding the provisions of subsection (a) of this section, any person who stores or safekeeps any motor vehicle towed at the request of a party other than the owner of the vehicle may attain priority of lien as follows:
(1) By providing notice by certified mail to a title holder of record within 7 business days of the date upon which possession is taken;
(2) By providing notice by certified mail to lienholders of record within 7 business days of the date upon which possession is taken; and
(3) By providing notice by telephone or in person to the appropriate police agency.
61 Del. Laws, c. 367, §  1;  68 Del. Laws, c. 315, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 39. LIENS OF GARAGE OWNERS, LIVERY AND STABLE KEEPERS; REPLEVIN BY OWNER › § 3908. Remedy of owner.

§ 3908. Remedy of owner.
The owners or other persons claiming an interest in the property, in addition to the right to a hearing as provided herein, shall have the right to file an action in replevin or detinue at any time in accordance with Chapter 95 of Title 10, and no bond shall be required to be posted as a prerequisite to the filing of such an action or the issuance of the writ.
17 Del. Laws, c. 620, §  2;  Code 1915, §  2864;  34 Del. Laws, c. 193;  Code 1935, §  3345;  25 Del. C. 1953, §  3902;  61 Del. Laws, c. 367, §  1;  78 Del. Laws, c. 62, §  3;
2023 Delaware Code › Title 25 - Property › Chapter 39. LIENS OF GARAGE OWNERS, LIVERY AND STABLE KEEPERS; REPLEVIN BY OWNER › § 3909. Jurisdiction.

§ 3909. Jurisdiction.
The Justice of the Peace Court in the county in which the lienholder's business establishment is located shall have exclusive original jurisdiction of all petitions for sale under this chapter, notwithstanding the monetary amount claimed by the lienholder. In the event that the lienholder's business establishment is located in more than 1 county, the Justice of the Peace Court in the county where the property is, or most recently was, located shall have exclusive jurisdiction. The Justice of the Peace Court shall also hear actions in replevin or detinue filed under this chapter, unless a party requests a jury and pays all necessary costs to transfer the action to Superior Court.
61 Del. Laws, c. 367, §  1;  65 Del. Laws, c. 42, §  1;  78 Del. Laws, c. 62, §  4;
2023 Delaware Code › Title 25 - Property › Chapter 39. LIENS OF GARAGE OWNERS, LIVERY AND STABLE KEEPERS; REPLEVIN BY OWNER › § 3910. Rules.

§ 3910. Rules.
The Justice of the Peace Court and Superior Court may adopt appropriate and specific rules to effectuate the intent and purpose of this chapter.
61 Del. Laws, c. 367, §  1;  78 Del. Laws, c. 62, §  5;
2023 Delaware Code › Title 25 - Property › Chapter 40. RIGHTS AND TITLE TO ABANDONED PERSONAL PROPERTY › § 4001. Definition of abandoned personal property.

§ 4001. Definition of abandoned personal property.
(a) For the purposes of this chapter “abandoned personal property” shall be deemed to be tangible personal property which the rightful owner has left in the care or custody of another person and has failed to maintain, pay for the storage of, exercise dominion or control over, and has failed to otherwise assert or declare the ownership rights to the tangible personal property for a period of 1 year.
(b) The following personal property shall not be deemed to be “abandoned personal property”:
(1) Marital property subject to division in a proceeding for divorce or annulment under § 1513 of Title 13;
(2) Personal property which has been stolen or otherwise taken from its rightful owner in violation of Title 11;
(3) Personal property which has been taken from the rightful owner by conversion;
(4) Personal property of a person who dies intestate subject to subchapter I of Chapter 11 of Title 12;
(5) Unclaimed property held by banking organizations as defined by subchapter II of Chapter 11 of Title 12;
(6) Any intangible personal property and the tangible evidence thereof under Chapter 11 of Title 12; or
(7) Personal property in a motor vehicle that is not attached to or considered necessary for the proper operation of the motor vehicle if the owner of the personal property files an answer to the petition pursuant to § 4003 of this title.
72 Del. Laws, c. 192, §  1;  78 Del. Laws, c. 21, §  1;  83 Del. Laws, c. 125, § 4;
2023 Delaware Code › Title 25 - Property › Chapter 40. RIGHTS AND TITLE TO ABANDONED PERSONAL PROPERTY › § 4002. Right and title to abandoned personal property.

§ 4002. Right and title to abandoned personal property.
Notwithstanding any other provision of the Delaware Code to the contrary, including § 1157 of Title 12, upon order of the court as provided in this chapter, any person who holds, stores, safekeeps or otherwise is left with possession of any abandoned personal property, including automobiles, motorcycles, boats and furnishings, which has been abandoned by the owner as defined in § 4001 of this title, shall be vested with complete and absolute title to said abandoned personal property and shall have all right to sell, alienate, gift or otherwise dispose of the said abandoned personal property provided such transfer does not violate preliminary injunctions in effect pursuant to § 1509(a)(1) of Title 13.
72 Del. Laws, c. 192, §  1;  81 Del. Laws, c. 1, § 3;
2023 Delaware Code › Title 25 - Property › Chapter 40. RIGHTS AND TITLE TO ABANDONED PERSONAL PROPERTY › § 4004. Sheriff's or constable's sale of the property when there are lienholders.

§ 4004. Sheriff's or constable's sale of the property when there are lienholders.
(a) If it is determined that there are lienholders or other persons with secured or other interests in the abandoned property, the court shall further order that the subject property shall be sold at sheriff's sale or constable's sale, if the petition was filed in the Justice of the Peace Court after notice as required in this section.
(b) Prior to any sale of the abandoned property, the petitioner shall give at least 15 days' notice of the sale by handbills posted in 5 or more public places and by advertising in a newspaper published and/or circulated in the county in which the sale is to be held.
(c) The proceeds of the sale shall be applied first to the costs of keeping and selling the property, costs of execution and court costs. The balance, if any, of the proceeds of the sale shall be deposited not later than 10 days from the date of the sale with the court to be applied by the court to the payment of any lien or security interest to which the property may be subjected in order of their priority, with any remaining proceeds to be paid to the petitioner after all liens and other interests have been paid.
(d) In every sale authorized under this chapter, it shall be the duty of the lienholder or other interest holder to file with the court a form required by the court satisfying the judgment or indicating the disposition of the proceeds.
72 Del. Laws, c. 192, §  1;  73 Del. Laws, c. 283, §§  1, 2;  78 Del. Laws, c. 21, §§  4, 5;
2023 Delaware Code › Title 25 - Property › Chapter 40. RIGHTS AND TITLE TO ABANDONED PERSONAL PROPERTY › § 4005. Remedy of owner.

§ 4005. Remedy of owner.
The owners or other persons claiming an interest in the property, in addition to the right to a hearing as provided herein, shall have the right to file an action in replevin at any time prior to a final determination of title by the court and no bond shall be required to be posted as a prerequisite to the filing of such an action or the issuance of the writ of replevin.
78 Del. Laws, c. 21, §  7;