§ 4911. Prohibition against levying upon goods in storage warehouse; violation and penalty.
§ 4911. Prohibition against levying upon goods in storage warehouse; violation and penalty. (a) No constable in the State shall levy upon or sell or offer to sell or to remove, by virtue of any writ or upon any claim or demand whatsoever, any goods and chattels when such goods and chattels have been placed […]
§ 4971. Time of sale of goods and chattels.
§ 4971. Time of sale of goods and chattels. Goods and chattels, taken in execution by a sheriff, or coroner, shall not be sold until the expiration of 30 days after the levy thereon and notice thereof to the defendant, unless the court, issuing the execution, shall, upon application of the plaintiff, or of the […]
§ 4912. Waiver of exemptions.
§ 4912. Waiver of exemptions. Any husband and wife jointly may make any waiver of any of the provisions of §§ 4902-4911 of this title. 14 Del. Laws, c. 562, § 9; Code 1915, § 4330; Code 1935, § 4803; 10 Del. C. 1953, § 4912; 70 Del. Laws, c. 186, § 1;
§ 4972. Notice of public sale of goods and chattels.
§ 4972. Notice of public sale of goods and chattels. Public notice of the sale of goods and chattels by a sheriff, or coroner, under execution process, and of the day, hour, and place thereof, shall be given by advertisements posted, at least 10 days before the day of sale, in 5, or more, public […]
§ 4913. Exemption and attachment of wages.
§ 4913. Exemption and attachment of wages. (a) Eighty-five percent of the amount of the wages for labor or service of any person residing within the State shall be exempt from mesne attachment process and execution attachment process under the laws of this State; but such limitation shall be inapplicable to process issued for the […]
§ 4914. Exemptions in bankruptcy and insolvency.
§ 4914. Exemptions in bankruptcy and insolvency. (a) In accordance with § 522(b) of the Bankruptcy Reform Act of 1978 (11 U.S.C. § 522(b)), in any bankruptcy proceeding, an individual debtor domiciled in Delaware is not authorized or entitled to elect the federal exemptions as set forth in § 522(d) of the Bankruptcy Reform Act […]
§ 4915. Exemption of retirement plans, life insurance contracts, and annuity contracts [For application of this section, see 80 Del. Laws, c. 153, § 5].
§ 4915. Exemption of retirement plans, life insurance contracts, and annuity contracts [For application of this section, see 80 Del. Laws, c. 153, § 5]. (a) In addition to the exemptions provided in §§ 4902 and 4903 of this title, there shall be exempt from execution or attachment process assets held or amounts payable under […]
§ 4916. Exemption of qualified tuition programs and qualified ABLE programs.
§ 4916. Exemption of qualified tuition programs and qualified ABLE programs. (a) In addition to the exemptions provided in §§ 4902 and 4903 of this title, there shall be exempt from execution or attachment process assets held in and proceeds payable under or from any account established under a Qualified Tuition Program under § 529 […]
§ 4901. Real estate.
§ 4901. Real estate. Lands, tenements and hereditaments and all right of dower and curtesy therein when no sufficient personal estate can be found may be seized and sold upon judgment and execution obtained. Code 1852, § 2421; Code 1915, § 4320; 36 Del. Laws, c. 269, § 1; Code 1935, § 4792; 10 Del. […]
§ 4902. Exempt property.
§ 4902. Exempt property. (a) Every person residing within this State shall have exempt from execution or attachment process, or distress for rent, the following articles of personal property: The family Bible, school books and family library, family pictures, a seat or pew in any church or place of public worship, a lot in any […]