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DE HB77

Bill

Official Source

Status

Engrossed

3/24/2009

Primary Sponsor

William Carson

Click for details

Origin

House of Representatives

145th General Assembly

AI Summary

  • Amends Delaware Code Title 25 relating to garage owner liens, livery and stable keeper liens, and replevin or detinue actions
  • Grants exclusive jurisdiction to Justice of the Peace Court in the county where the lienholder's business is located, or where the property is or was most recently located if the lienholder operates in multiple counties
  • Requires lienholders to file a disposition of proceeds form with the court within 10 days of sale, with the Department of Motor Vehicles prohibited from issuing title transfers without proof of filing
  • Permits owners to file replevin or detinue actions without posting a bond and clarifies both action types are covered under this chapter
  • Allows transfer of replevin actions to Superior Court if a party requests a jury trial and pays necessary costs, addressing constitutional jury trial rights concerns

Legislative Description

An Act To Amend Chapter 9 Of Title 10 Of The Delaware Code Relating To The Family Court Of The State Of Delaware.

Last Action

Amendment SA 1 - Introduced and Placed With the Bill in Senate

6/24/2009

Committee Referrals

Judiciary3/26/2009
Judiciary3/10/2009

Full Bill Text

No bill text available