Dover, DE asked in Small Claims for Delaware

Q: Does a defenant need to be home when a levy on personal property is executed by the constable.

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1 Lawyer Answer
Charles Snyderman
Charles Snyderman
  • Wilmington, DE
  • Licensed in Delaware

A: A defendant does not have to be home when the constable levies on personal property. However, before the levy can be made, the constable has to serve the documents on the defendant. Service can be made personally on the defendant or by leaving the papers with an adult who resides in the same residence as the defendant. The levy consists of the constable making an inventory of the personal property. Of course, someone needs to be home at the time of the levy. A constable cannot break down the door to gain access. Also, when the defendant is not present, there's a risk that some of the items levied upon might not be owned by the defendant. They could belong to someone else, or they could be rented items. If that occurs, there is a procedure for getting these items released from the levy. Once items are levied upon, the defendant is prohibited from removing them, selling them, damaging them or concealing them.

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