AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO GARAGEKEEPER'S LIENS.

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO GARAGEKEEPER'S LIENS.

AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO GARAGEKEEPER'S LIENS.

What This Bill Does

• AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO GARAGEKEEPER'S LIENS.
• This Act allows a lienholder that has a lien under § 3901 of Title 25, often called a garagekeeper’s lien, to recover reasonable attorney’s fees from the proceeds of a sale to satisfy a garagekeeper’s lien.
• If the lienholder is not paid within 30 days after the lien is created, the lienholder may apply to a Justice of the Peace Court to sell the property.
• Under § 3903 and § 3905 of Title 25, the lienholder may recover the costs of the sale and the lien amount.

Limits and Unknowns

• This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Official Summary Text

AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO GARAGEKEEPER'S LIENS.
This Act allows a lienholder that has a lien under § 3901 of Title 25, often called a garagekeeper’s lien, to recover reasonable attorney’s fees from the proceeds of a sale to satisfy a garagekeeper’s lien. If the lienholder is not paid within 30 days after the lien is created, the lienholder may apply to a Justice of the Peace Court to sell the property. Under § 3903 and § 3905 of Title 25, the lienholder may recover the costs of the sale and the lien amount. Applying for authorization to sell property to satisfy a garagekeeper’s lien is a detailed process and many lienholders need to hire an attorney to help. But a court will not grant attorney’s fees without express statutory authority. This Act amends § 3903 and § 3905 to expressly allow a lienholder to recover attorney’s fees from the proceeds of a sale to satisfy a garagekeeper’s lien.

This Act also allows excess proceeds from a garagekeeper’s lien sale to be used to satisfy other outstanding judgments against the owner of the