Can can I get my stuff from my sister's property if she will not let me enter to get it
Full Question:
My sister will not let me get my property on her land. What do I do to get my property back before she sells it?
11/13/2007 |
Category: Abandoned Property |
State: Delaware |
#12151
Answer:
The following are Delaware statutes:
25 Del. C. § 4001. Definition of abandoned personal property.
For the purposes of this chapter "abandoned personal property" shall be
deemed to be tangible personal property which the rightful owner has left
in the care or custody of another person and has failed to maintain, pay
for the storage of, exercise dominion or control over, and has failed to
otherwise assert or declare the ownership rights to the tangible personal
property for a period of 1 year. No tangible personal property which is
subject to division under § 1513 of Title 13, or which has been stolen or
otherwise taken from its rightful owner in violation of Title 11, or the
possession of which has been unlawfully taken from the rightful owner by
conversion or otherwise, or which is subject to the provisions of
subchapter I of Chapter 11 of Title 12, or subject to article 4, subchapter
II of Title 12, or any intangible personal property and the tangible
evidence thereof subject to Chapter 11 of Title 12, shall be deemed to be
"abandoned personal property".
25 Del. C. § 4002. Right and title to abandoned personal property.
Notwithstanding any other provision of the Delaware Code, including but
not limited to § 1210 of Title 12, to the contrary, upon order of the court
as provided in this chapter, any person who holds, stores, safekeeps or
otherwise is left with possession of any abandoned personal property,
including but not limited to automobiles, motorcycles, boats and
furnishings, which has been abandoned by the owner as defined in § 4001 of
this title, shall be vested with complete and absolute title to said
abandoned personal property and shall have all right to sell, alienate,
gift or otherwise dispose of the said abandoned personal property provided
such transfer does not violate preliminary injunctions in effect pursuant
to § 1509(a)(1) of Title 13.
25 Del. C. § 4003. Procedure to obtain title.
(a) Any person who holds, stores, safekeeps or otherwise is left with
possession of any abandoned personal property may be vested with complete
right and title to said abandoned personal property upon application to a
court of competent jurisdiction. The petition filed pursuant to this
subsection shall be executed under oath and penalty of perjury and shall
include the following:
(1) A complete description of the property including all identification
and registration numbers if applicable;
(2) The name and last known address of the owner or owners of the
property;
(3) The names and addresses of any persons who claim to or have an
interest or lien in the subject property;
(4) A statement that the petitioner has conducted a lien search
concerning the subject property for any liens filed with the Delaware
Secretary of State and, if applicable, that the petitioner has conducted a
title and lien search with the Division of Motor Vehicles concerning any
lienholders that may have an interest in any motor vehicle, and the reports
of the Secretary of State and the Division of Motor Vehicles resulting from
the searches shall be attached to the petition;
(5) If a motor vehicle, a statement that the petitioner has had the
vehicle examined and approved for sale by the auto theft unit or a civilian
auto theft technician of the Delaware State Police;
(6) A statement of the value of the subject property; and
(7) A statement by the petitioner that the property has been abandoned
as defined by § 4001 of this title and the owner of the property is not
an infant or incompetent person, and is not a member of the military.
(b) Upon receipt of a petition which is made pursuant to subsection (b)
of this section, the court shall send a notice and a copy of the petition
and a Request for Information Form requesting the party who receives the
notice and petition to provide all information concerning the
identification and address of all other owners and/or lienholders of said
abandoned property by certified mail or registered mail, return receipt
requested, to the owners, secured parties of record, any known lienholder
of the property, and any other persons whose names and addresses are
listed in the petition. The petitioner shall further cause notice of
filing of the petition to be posted in the courthouse and 3 or more
public places and shall advertise the fact that the petition has been
filed in a newspaper published and/or circulated in the county in which
the petition was filed. The notice shall include a copy of the petition
and shall include the following information:
(1) A statement that a petition has been made with the court;
(2) A statement that the owner or other person has a legal right to a
hearing in the courts and that if a hearing is desired then the owner or
other person shall file with the court an answer to the petition;
(3) A statement that if an answer is filed a hearing will be promptly
scheduled and the owners or other interested persons may appear to
contest the claim;
(4) A statement that the court will enter a judgment in favor of the
petitioner unless an answer is filed within 20 days after the date on which
the notice was mailed;
(5) A statement that the person may be liable for costs if a judgment
is entered in favor of the petitioner.
(c) If the court receives an answer described in subsection (b)(3) of
this section, the court shall notify the petitioner and all parties of
the hearing date to determine ownership of the subject property. If no
answer is filed pursuant to subsection (b)(3) of this section and there
are no lienholders or other interested party, then the court shall issue
an order declaring that the petitioner has full right, title and interest
to the said abandoned property.
25 Del. C. § 4004. Sheriff's or constable's sale of the property when there
are lienholders.
(a) If it is determined that there are lienholders or other persons
with secured or other interests in the abandoned property, the court
shall further order that the subject property shall be sold at sheriff's
sale or constable's sale, if the petition was filed in the Justice of the
Peace Court after notice as required in this section.
(b) Prior to any sale of the abandoned property, the petitioner shall
give at least 30 days notice of the sale by handbills posted in the
courthouse and 3 or more public places and by advertising in a newspaper
published and/or circulated in the county in which the sale is to be held.
(c) The proceeds of the sale shall be applied to the costs of keeping
and selling the property, costs of execution and court costs. 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 subjected in order of their priority, with any remaining
proceeds to be paid to the petitioner after all liens and other interests
have been paid.
(d) In every sale authorized under this chapter, it shall be the duty
of the lienholder or other interest holder to file with the court a form
required by the court satisfying the judgment or indicating the
disposition of the proceeds.