CHAPTER 74

FORMERLY

SENATE BILL NO. 38

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 10, DELAWARE CODE, RELATING TO REPLEVIN.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Title 10, Chapter 95, Sub-Chapter IV, Delaware Code, is hereby amended by striking §9632, §9633, §9634, and §9635 in their entirety and inserting in lieu thereof the following new Sections:

§ 9632. Statement of claims

In replevin actions, the plaintiff shall file a written statement setting forth all the necessary averments which the plaintiff claims to constitute the right of action. Such statement of claim shall be filed before the summons is issued.

§ 9633. Procedure

(a) In a proceeding under this sub-chapter, the service of a summons shall be as in all other civil actions. If service is unable to be perfected, the Court may forward a certified letter, return receipt requested, to the defendant enclosing the statement of claim and informing the defendant that a hearing will be held fifteen (15) days from the date of the certified letter based upon the claim outlined in the statement of claim.

(b) The summons and the certified letter shall both contain a provision instructing the defendant not to intentionally destroy, damage, sell or secrete the item in question with the further proviso that the violation thereof could result in a civil contempt violation in accordance with Title 10, §9506, Delaware Code.

(c) The trial of the issue shall be as in all other civil actions.

(d) Should judgment be entered in favor of the plaintiff, the Court shall issue a writ of replevin in the form outlined in §9634 of this Sub-chapter.

(e) Upon the execution of the writ of replevin, there shall be a stay of fifteen (15) days from the date of the judgment during which the plaintiff shall not sell, damage, destroy or secrete the items. A violation of this section could result in a civil contempt violation in accordance with Title 10, §9506, Delaware Code. The purpose of the stay is to permit the defendant to appeal or otherwise act.

(f) Any statute inconsistent with the contents of this section is repealed.

§ 9631. Form of writ

County, ss. The State of Delaware.

To any constable of County.

WE COMMAND YOU to replevy and deliver to the said the following described goods and chattels forthwith to wit: ______ of the value of _____ dollars ____ lawful money of the United States of America, the goods and chattels of the said ______ , and WE FURTHER COMMAND YOU that you act forthwith and make a return forthwith. WITNESS the hand and seal of the said Justice, the ______ day of ____, A.D., 19 ... .'."

Approved June 12,1973.