§ 9585. Goods and chattels subject to attachment; notice; judgment; creditors.
§ 9585. Goods and chattels subject to attachment; notice; judgment; creditors. (a) If any goods, or chattels, are taken on any attachment issued under this subchapter, the constable shall make an inventory, and annex the inventory to the attachment. (b) The constable shall be responsible for the safe keeping of the goods to be levied […]
§ 9586. Service on garnishee; compelling attendance.
§ 9586. Service on garnishee; compelling attendance. (a) The service of an attachment on a garnishee may be made in the same way as service of an original summons. (b) If a garnishee summoned on either original, or execution attachment, neglects to appear, as required, the justice may compel the garnishee’s appearance by process, and […]
§ 9587. Process to compel appearance of garnishee.
§ 9587. Process to compel appearance of garnishee. The form of process to be used for compelling the appearance of a garnishee shall be as follows: “ County, ss. The State of Delaware, To any constable, greeting: We command you to bring A. B. forthwith before C. D., one of our justices of the peace, […]
§ 9588. Garnishment proceedings.
§ 9588. Garnishment proceedings. (a) The plaintiff, in his or her election, may require a garnishee to answer on oath, or affirmation, or to plead. The plaintiff shall make the election at or before the appearance, or the answer is taken, and the justice may compel the answer, or plea, by attachment of contempt. (b) […]
§ 9589. Dissolution of attachment.
§ 9589. Dissolution of attachment. (a) If the original debtor appears at the Court at any time, Monday through Friday, from 8 a.m. to 4 p.m., before final judgment and enters an appearance acknowledging that debtor will answer the plaintiff’s demand and satisfy any judgment rendered against debtor in such suit, the attachment shall be […]
§ 9590. Delivery of goods to constable; defense of garnishee; liability of constable.
§ 9590. Delivery of goods to constable; defense of garnishee; liability of constable. (a) A garnishee summoned on any attachment shall be allowed, as against any claim by the defendant, for any property delivered by the garnishee to the constable, or for the amount of any judgment rendered against the garnishee, exclusive of costs, in […]
§ 9556. Duty of constable or sheriff upon receipt of execution; return of execution.
§ 9556. Duty of constable or sheriff upon receipt of execution; return of execution. (a) A constable, 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. […]
§ 9574. Abatement and dismissal.
§ 9574. Abatement and dismissal. (a) If an appellant does not duly enter the appellant’s appeal in the Court of Common Pleas, it shall be abated; and on production of the prothonotary’s certificate, under seal, made after the next term of the Court following the appeal, showing that it has not been regularly entered, the […]
§ 9557. Venditioni exponas; issuance; requirements; effect.
§ 9557. Venditioni exponas; issuance; requirements; effect. (a) If there has been a levy made, but no sale, then an execution of venditioni exponas shall be issued at the request of any party entitled to the judgment. (b) A copy of the inventory shall accompany the return. (c) The writ may be directed to the […]
§ 9558. Form of venditioni exponas.
§ 9558. Form of venditioni exponas. The venditioni exponas shall be in the following form: “ County, ss. The State of Delaware. To any constable, greeting: We command you that after giving due notice, you sell, at public vendue, the goods and chattels specified in the schedule hereto annexed, for the purpose of satisfying a […]