Delaware Code Title 25 Sec. 6308 – Answer to claim; hearing; final order of sale
(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.
Terms Used In Delaware Code Title 25 Sec. 6308
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Plaintiff: The person who files the complaint in a civil lawsuit.
(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.
25 Del. C. 1953, § ?6308; 58 Del. Laws, c. 472, § ?1; 70 Del. Laws, c. 513, § ?18;