Last updated: 11/29/2021
Application To Conduct A Lien Sale {CF40}
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Description
IN THE COURT OF THE JUSTICE OF THE PEACE OF COUNTY THE STATE OF DELAWARE, IN AND FOR COURT NO. COURT ADDRESS: CIVIL ACTION NO. APPLICATION TO CONDUCT A LIEN SALE Garagekeeper Owner(s) Address Address Phone number 1. DESCRIPTION OF THE PROPERTY Phone number 2. APPLICANT IS Garage owner, stable owner, marina, etc. See 25 Del.C. § 3901(a)) 3. STATEMENT OF CLAIM a. Grounds for claim (repairs, storage, etc.) b. How applicant obtained property c. Date applicant obtained property d. From whom applicant obtained property 4. AMOUNT OF CLAIM a. Towing b. Repairs c. d. Storage (Per Diem Amount of Claim): Number of days at daily rate of $ fees of . $ Other = total storage Total amount of Claim 5. OTHER PARTIES WITH AN INTEREST IN THE PROPERTY (such as a lienholder or driver of the vehicle)(Names and addresses) J.P. Civ. Form No. 40 (Rev. 1/2009) American LegalNet, Inc. www.FormsWorkFlow.com 6. IF OWNER/OTHER PARTIES WITH AN INTEREST IS/ARE UNKNOWN, DESCRIBE ATTEMPTS MADE TO LOCATE. IF THE VEHICLE HAS NO TAG, STATE THAT INFORMATION HERE. 7. NOTIFICATIONS. LIST ALL NOTIFICATIONS RELATING TO THE CLAIM, INCLUDING DATES, GIVEN TO THE OWNER AND OTHER INTEREST HOLDERS (Attach copies of notices, including bills for repairs) 8. PLACE, DATE AND TIME OF SALE: A COPY OF ALL VERIFICATION OF OWNERSHIP AND A COPY OF ALL LIEN SEARCH REPORTS MUST BE ATTACHED. (IF THE PROPERTY TO BE SOLD IS A MOTOR VEHICLE, THE CERTIFICATE OF LIEN FORM FROM THE DEPARTMENT OF MOTOR VEHICLES AND THE REPORT OF THE AUTO THEFT UNIT MUST BE ATTACHED.) SEE THE ENCLOSED INSTRUCTIONS FOR FURTHER INFORMATION. THE PETITIONER CERTIFIES, UNDER PENALTY OF PERJURY, THAT: THE INFORMATION ON THIS APPLICATION IS CORRECT TO THE BEST OF PETITIONER'S INFORMATION AND BELIEF; PETITIONER HAS READ THE ENCLOSED INSTRUCTIONS AND HAS COMPLIED WITH ALL SEARCHES FOR OWNERS/OTHER PARTIES WITH AN INTEREST IN THE PROPERTY REQUIRED THEREIN, INCLUDING SEARCHES THROUGHOUT THE VEHICLE AND THE GLOVE COMPARTMENT, AS WELL AS ANY SEARCHES ORDERED BY THE COURT; THE PETITIONER HAS NO INFORMATION OR BELIEF THAT THERE IS A VALID DEFENSE TO THIS CLAIM; PETITIONER HAS MAINTAINED POSSESSION OF THE PROPERTY OR HAS FILED THIS ACTION OR A REPLEVIN ACTION WITHIN 10 DAYS OF LOSS OF POSSESSION PURSUANT TO 25 DEL.C. § 3902; THE OWNER OF THE PROPERTY IS NOT A MEMBER OF THE MILITARY AS DEFINED BY THE SERVICE MEMBERS' CIVIL RELIEF ACT. WHEREFORE, THE PETITIONER REQUESTS THAT THE COURT ISSUE AN AUTHORIZATION TO CONDUCT A LIEN SALE PURSUANT TO TITLE 25 DEL.C. § 3902. Garagekeeper SWORN TO AND SUBSCRIBED before me this day of 2 . Notary Public/Court Official J.P. Civ. Form No. 40 (Rev. 1/2009) American LegalNet, Inc. www.FormsWorkFlow.com
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