Title 25 — Property
44 chapters · 315 sections in this title.
25 Del. C. § 3901. Persons entitled to liens.
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§ 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 o…
25 Del. C. § 3902. Lienholder’s loss of possession.
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§ 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 …
25 Del. C. § 3903. Sale to satisfy liens.
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§ 3903. Sale to satisfy liens. (a) If a lienholder under § 3901 or § 3902 of this title is not paid the amount due, and for which the lien is given within 30 days after the same or any part thereof became due, then the lienholder may proceed to sell the property, or so much there…
25 Del. C. § 3904. Release of owner’s interest in vehicle or property.
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§ 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 t…
25 Del. C. § 3905. Notice of sale; disposition of proceeds.
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§ 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 …
25 Del. C. § 3906. Motor vehicles.
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§ 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 thei…
25 Del. C. § 3907. Priority of lien.
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§ 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 wit…
25 Del. C. § 3908. Remedy of owner.
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§ 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 sh…
25 Del. C. § 3909. Jurisdiction.
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§ 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. I…
25 Del. C. § 3910. Rules.
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§ 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;