§ 5044. Specification of prior executions.
§ 5044. Specification of prior executions. (a) Where the levy, or seizure, is returned as made subject to prior execution, the sheriff or other officer shall, in the officer’s endorsed, or annexed return, set forth as well the names of the plaintiffs in such prior executions as have come to the officer’s hands, as the […]
§ 5051. Issuance of writ.
§ 5051. Issuance of writ. (a) No writ of capias ad satisfaciendum shall be issued upon any judgment in a civil action against any person in this State, until a writ of fieri facias on the judgment has issued, and it appears from the return of such fieri facias, that the defendant therein has not […]
§ 5052. Plaintiff’s affidavit of fraud; exceptions from requirement.
§ 5052. Plaintiff’s affidavit of fraud; exceptions from requirement. (a) No writ of capias ad satisfaciendum shall be issued out of any court of this State upon a judgment in a civil action, against any person in this State, nor shall any such person be imprisoned for the nonperformance of a judgment rendered in any […]
§ 5053. Motion denying fraud; disposition.
§ 5053. Motion denying fraud; disposition. The court in which the affidavit referred to in § 5052 of this title is filed shall, upon motion of the person arrested, and reasonable notice in writing to the party in whose favor the process issued, or such party’s attorney, investigate the specifications of fraud in an affidavit […]
§ 5013. Time of applying for writ.
§ 5013. Time of applying for writ. A rule for a writ of possession may be granted in the Superior Court at the term of the return of the sale or at any one of the next 3 succeeding terms thereafter, and in the Court of Chancery within 1 year from the return of the […]
§ 5061. Occasion for suing out writ; parties and notice [For application of this section, see 82 Del. Laws, c. 30, § 3].
§ 5061. Occasion for suing out writ; parties and notice [For application of this section, see 82 Del. Laws, c. 30, § 3]. (a) Subject to the provisions of §§ 5062A, 5062B, 5062C and 5062D of this title, upon breach of the condition of a mortgage of real estate by nonpayment of the mortgage money […]
§ 5014. Service of rule.
§ 5014. Service of rule. The rule referred to in § 5013 of this title shall be served at least 2 days before the expiration thereof. If the sheriff or other person who is attempting to serve the rule is unable to serve the rule upon the defendant personally, service may be made in such […]
§ 5062. Land divided by county line; venue of action.
§ 5062. Land divided by county line; venue of action. Whenever the dividing line between any 2 counties of this State runs through a tract of land conveyed in mortgage, a writ of scire facias may be sued out in either county in which any part of such tract is situated, directed to the sheriff […]
§ 5015. Defendant as bona fide tenant.
§ 5015. Defendant as bona fide tenant. If the defendant is in possession bona fide as tenant under, or by possession of another, a writ of possession shall not be awarded. Code 1852, § 2466; Code 1915, § 4383; Code 1935, § 4841; 10 Del. C. 1953, § 5015;
§ 5062A. Loss mitigation affidavit required [Expires Jan. 1, 2025, under the terms of subsection (e) of this section].
§ 5062A. Loss mitigation affidavit required [Expires Jan. 1, 2025, under the terms of subsection (e) of this section]. (a) In connection with any mortgage foreclosure action brought under § 5061 of this title with respect to an owner-occupied 1- to 4-family primary residential property, unless the mortgage is held by the seller of the […]