§ 9634. Form of writ.
§ 9634. Form of writ. The writ shall be of the following form: “ County, ss. The State of Delaware. To any constable of County. WE COMMAND YOU to replevy and deliver to the said the following described goods and chattels forthwith to wit: of the value of dollars lawful money of the United States […]
§ 9637. Judgments.
§ 9637. Judgments. (a) In a proceeding under this subchapter, if the defendant being duly summoned does not appear, or if upon trial it is proved to the satisfaction of the justice that the plaintiff is entitled to the possession of the property, replevied and delivered, plaintiff shall have judgment for the possession thereof and […]
§ 9638. Lien of judgment on real estate.
§ 9638. Lien of judgment on real estate. Any judgment entered under this subchapter may be made a lien on real estate in the same manner as is provided by § 9569 of this title. Code 1915, § 4065J; 29 Del. Laws, c. 256, § 2; Code 1935, § 4556; 10 Del. C. 1953, § […]
§ 9639. Fees.
§ 9639. Fees. In proceedings under this subchapter, witnesses shall have the same fees as for attendance before justices of the peace in other actions. Code 1915, § 4065H; 29 Del. Laws, c. 256, § 2; Code 1935, § 4554; 10 Del. C. 1953, § 9640; 55 Del. Laws, c. 20, § 27;
§ 9640. Appeals.
§ 9640. Appeals. Appeals shall be allowed from judgments given by justices of the peace under this subchapter, to the Court of Common Pleas. Such appeals shall be taken, docketed and dismissed in the same manner as is provided by law for the taking, docketing and dismissing of appeals from justices of the peace in […]
§ 9633. Procedure.
§ 9633. Procedure. (a) In a proceeding under this subchapter, the service of a summons shall be as in all other civil actions. If service is unable to be perfected, the Court may forward a certified letter, return receipt requested, to the defendant enclosing the statement of claim and informing the defendant that a hearing […]
§ 9581. Revival of judgments.
§ 9581. Revival of judgments. (a) No execution shall be issued on a judgment after the defendant’s death; nor, except in the regular continuance of such process, after the lapse of 5 years from the time execution might first have issued; until the judgment is revived by scire facias. The writ of scire facias may […]
§ 9582. Proceeding by attachment.
§ 9582. Proceeding by attachment. In lieu of proceeding by summons in any civil action for debt brought before a justice of the peace, the proceeding may be by attachment, as provided by §§ 9583 and 9584 of this title and in the manner provided in such sections. Code 1852, § 2156; Code 1915, § […]
§ 9583. Issuance of writ; affidavit.
§ 9583. Issuance of writ; affidavit. (a) A justice shall issue a writ of attachment on an affidavit made and filed by the plaintiff, or any credible person for the plaintiff, that the defendant is justly indebted to the plaintiff in a stated sum not exceeding $25,000, and any of the following apply: (1) The […]
§ 9584. Form of writ; form of Garnishee’s Notice of Service.
§ 9584. Form of writ; form of Garnishee’s Notice of Service. (a) The form of a writ of attachment shall be as follows: “ County, ss. The State of Delaware, To any constable, greetings: We command you to attach the goods and chattels, rights and credits of , the debtor, in order to make good […]