§ 5016. Defendant as joint owner.
§ 5016. Defendant as joint owner. If the defendant is owner of an undivided share, the writ of possession shall be restricted to such share; and any holder of another share, or such holder’s tenant, shall not be removed, or further disturbed than by putting the purchaser into peaceable possession of the undivided share of […]
§ 5062B. Required notices.
§ 5062B. Required notices. (a) (1) Except as provided in paragraph (a)(2) of this section, with respect to an owner-occupied 1- to 4-family primary residential property, a mortgage foreclosure action may not be filed until 45 days after a notice of intent to foreclose is sent in the form and manner required by paragraph (a)(3) […]
§ 5017. Stay of execution of writ.
§ 5017. Stay of execution of writ. On making the rule for a writ of possession absolute, the court may direct a reasonable stay of execution. If the person in possession is a tenant, execution shall be stayed until the usual expiration of the year of tenants, according to the custom of letting in the […]
§ 5018. Form of writ.
§ 5018. Form of writ. (a) A writ of possession may be according to the following form: “ County, ss. The State of Delaware, To the Sheriff of said County, greeting: * * * * * * We command you, that without delay you cause ________________________________________________________________ to have peaceable possession of (here insert description of […]
§ 5019. Effect of writ on title and on other remedies.
§ 5019. Effect of writ on title and on other remedies. Nothing contained in this subchapter shall deprive a purchaser of his or her remedy by a civil action in the nature of an action of ejectment, nor debar from such remedy a person removed from possession; and any proceedings under this subchapter, shall not […]
§ 5031. Execution attachment.
§ 5031. Execution attachment. The plaintiff in any judgment in a court of record, or any person for such plaintiff lawfully authorized, may cause an attachment, as well as any other execution, to be issued thereon, containing an order for the summoning of garnishees, to be proceeded upon and returned as in cases of foreign […]
§ 5032. Answer by garnishee.
§ 5032. Answer by garnishee. The answer of a garnishee in any execution attachment, at the option of the plaintiff therein, may be taken by affidavit before any person legally authorized to administer oaths. When so taken and filed with the writ of attachment it shall be docketed in the same manner and have the […]
§ 5041. Fieri facias; time of return.
§ 5041. Fieri facias; time of return. Every fieri facias shall be actually returned by the sheriff to whom it was delivered before the rising of the court, to which it is returnable, on the second day after the return day mentioned in the writ, with the sheriff’s certificate of what the sheriff has done […]
§ 4987. Sheriff’s record of sale proceeds.
§ 4987. Sheriff’s record of sale proceeds. The sheriff shall, in proper books, keep a record of the disposition of all moneys arising from the sale of property under execution process, when the same is applicable otherwise than to executions in the sheriff’s hands, as provided in § 2106 of this title. 16 Del. Laws, […]
§ 5001. Awarding of writ.
§ 5001. Awarding of writ. If lands and tenements, exposed to sale by virtue of execution process, cannot be sold for want of buyers, the sheriff, or officer, shall make return upon the writ accordingly. Such return shall not make the officer liable for the debt or damages contained in the writ; but a writ […]