§ 5084. Duty of sheriff upon receipt of execution.
§ 5084. Duty of sheriff upon receipt of execution. The sheriff, or other officer, receiving an execution, shall, in a docket, set down the date of receiving it; and when several executions are delivered on the same day, the docket shall show the order in which they are received. Such officer shall also endorse upon […]
§ 5085. Applicability to executions by the Court of Common Pleas or justices of the peace.
§ 5085. Applicability to executions by the Court of Common Pleas or justices of the peace. The provisions of this subchapter shall not apply to executions issued by the Court of Common Pleas or justices of the peace. Code 1852, § 2497; Code 1915, § 4414; Code 1935, § 4872; 10 Del. C. 1953, § […]
§ 5091. Execution on judgment for penalty.
§ 5091. Execution on judgment for penalty. When an execution is issued upon a judgment for a penalty, the officer issuing it shall endorse thereon the real debt and the time from which interest is to be calculated. Code 1852, § 2498; Code 1915, § 4415; Code 1935, § 4873; 10 Del. C. 1953, § […]
§ 5062C. Residential Mortgage Foreclosure Mediation Program [Expires Jan. 1, 2025, under the terms of subsection (v) of this section].
§ 5062C. Residential Mortgage Foreclosure Mediation Program [Expires Jan. 1, 2025, under the terms of subsection (v) of this section]. (a) An Automatic Residential Mortgage Foreclosure Mediation Program is established. (b) This section shall apply to mortgage foreclosure actions under § 5061 of this title with respect to owner-occupied 1- to 4-family primary residential properties, […]
§ 5092. Death or escape of party arrested or imprisoned.
§ 5092. Death or escape of party arrested or imprisoned. If a person arrested, or imprisoned, by virtue of an execution, dies in execution, or escape, in either case the arrest, or imprisonment, shall be no satisfaction of the judgment, on which the execution is issued; and the execution shall be held to be in […]
§ 5062D. Complaints and answers [Expires Jan. 1, 2025, under the terms of subsection (e) of this section].
§ 5062D. Complaints and answers [Expires Jan. 1, 2025, under the terms of subsection (e) of this section]. (a) A complaint to foreclose a mortgage in an action subject to this chapter shall contain a statement as to whether the mortgage foreclosure action is subject to the Automatic Residential Mortgage Foreclosure Mediation Program and, where […]
§ 5093. Liability of officer for escape; action against officer.
§ 5093. Liability of officer for escape; action against officer. If a person arrested, or imprisoned, by virtue of an execution, be suffered to escape, the sheriff, constable, or other officer having the custody of such person at the time of the person’s escape, shall be answerable for the full amount payable according to the […]
§ 5063. Judgment upon default.
§ 5063. Judgment upon default. If the defendant fails to appear at the return day of the scire facias, definitive judgment therein, as well as all other judgments to be given upon such scire facias, shall be entered that the plaintiff have execution by levari facias directed to the proper officer. Code 1852, § 2486; […]
§ 5094. Restitution on reversal of judgment after sale of real estate.
§ 5094. Restitution on reversal of judgment after sale of real estate. If, after the sale of real estate upon execution process, the judgment upon which such writ is awarded shall be reversed for error, the real estate, so sold, shall not be restored, nor any part thereof, nor shall the sale thereof be avoided; […]
§ 5064. Award of levari facias when county line divides land.
§ 5064. Award of levari facias when county line divides land. The writ of levari facias awarded upon any judgment for the sale of any such tract, as mentioned in § 5062 of this title, shall be directed to the sheriff of the county wherein the judgment was given. The sheriff shall proceed in the […]