(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.
(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.
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.