(a) The claim for distress shall name the tenant as defendant and shall set forth the name and address of the landlord, the name and address of the tenant and the facts as to any assignment of the rental agreement, the premises leased, the date of the rental agreement, the term of the rental agreement, the rent required to be paid by the tenant, the amount of rent in arrears and the plaintiff's statement that there is reason to believe the levied property would be disposed of absent the issuance of the levy. The claim for distress shall also set forth facts supporting the plaintiff's reasonable belief that the goods on the leased premises to be levied upon would be disposed of absent the issuance of the writ. The claim for distress shall be made under oath or affirmation by the plaintiff.
(b) The claim shall be filed in a Court of the Justice of the Peace located in the county wherein the commercial unit or a portion thereof is situated.
(c) The costs in the action shall include the cost of the sale.
Structure Delaware Code
§ 6301. Action at law; jurisdiction; case in which distress lies.
§ 6302. Form of claim; contents; costs.
§ 6303. Order of distress; service of claim and order; levy; inventory; return; duration of levy.
§ 6304. Levied goods in custody of Court; removal and sale; plaintiff's interest.
§ 6305. Protective measures upon a showing that a tenant may abscond.
§ 6306. Procedure in the event of a forcible entry.
§ 6307. Release of distrained property upon filing of bond.
§ 6308. Answer to claim; hearing; final order of sale.