Justice of the Peace Court
Garagekeeper's Liens Rule
(g) Garagekeeper's Liens.
(1)Persons entitled to liens pursuant to 25 Del.C. Ch. 39 may apply
to the Court for a judgment and permission to conduct a lienholder's sale
in accordance with the forms prescribed by the Court. In addition to the
application requirements of 25 Del.C. § 3903(b), the application shall
include a copy of any work order(s) related to the item which is the subject
of the sale application.
(2) If the claim is contested, the Court shall determine the amount of
indebtedness and the right to sale by the garagekeeper.
(3) If a claim for storing or safekeeping any motor vehicle towed at the
request of a party other than the owner is contested by the title holder
of record or by another lienholder whose lien the Court finds to be valid,
the garagekeeper shall be required to prove that the notice requirements
of 25 Del.C. § 3907(b) were met. If the garagekeeper fails to so prove,
the garagekeeper may be permitted to sell the vehicle, but shall be required
to return all proceeds of the sale to the Court for distribution in accordance
with the priority determined by the court.
(4) If the claim is not contested or if the garagekeeper is otherwise
found to have a right to sale (other than as permitted under subsection(g)(3)
of this Rule), the proceeds of the sale shall be applied to discharge
of the garagekeeper's 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