Replevin

"A lessee has a right of replevin for goods identified to the lease contract if after reasonable effort the lessee is unable to effect cover for those goods or the circumstances reasonably indicate that the effort will be unavailing. (6 Del.C. § 2A-521)

The proceeding before justices of the peace in actions of replevin shall be by writ. (10 Del.C. § 9631) In replevin actions, the plaintiff shall file a written statement setting forth all the necessary averments which the plaintiff claims to constitute the right of action. Such statement of claim shall be filed before the summons is issued. (10 Del.C. § 9632) The summons and the certified letter shall both contain a provision instructing the defendant not to intentionally destroy, damage, sell or secrete the item in question with the further proviso that the violation thereof could result in a civil contempt violation. Upon the execution of the writ of replevin, there shall be a stay of 15 days from the date of the judgment during which the plaintiff shall not sell, damage, destroy or secrete the items. A violation of this section could result in a civil contempt violation. (10 Del.C. § 9633)"

"In Delaware, replevin is a form of action which is employed to recover possession of personal chattels that have been unlawfully taken or detained from their owner. Hitch v. Riggin, 26 Del. 84, 80 A. 975, 976 (Del. Super. Ct. 1911).

Justices of the peace have jurisdiction in replevin concurrent with that of Superior Court. In re Gould, 113 A. 900, 900 (Del. Super. Ct. 1921)."