2019 Delaware Code
Title 25 - Property
Chapter 39. Liens of Garage Owners, Livery and Stable Keepers; Replevin by Owner
§ 3907 Priority of lien.

Universal Citation: 25 DE Code § 3907 (2019)

(a) All liens created pursuant to § 3901 or § 3902 of this title shall be superior to any lien, title or interest of any person who has a security interest by virtue of a conditional sales contract or a prior perfected security interest in accordance with Article 9 of Title 6.

(b) Notwithstanding the provisions of subsection (a) of this section, any person who stores or safekeeps any motor vehicle towed at the request of a party other than the owner of the vehicle may attain priority of lien as follows:

(1) By providing notice by certified mail to a title holder of record within 7 business days of the date upon which possession is taken;

(2) By providing notice by certified mail to lienholders of record within 7 business days of the date upon which possession is taken; and

(3) By providing notice by telephone or in person to the appropriate police agency.

61 Del. Laws, c. 367, § 1; 68 Del. Laws, c. 315, § 1.

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