§ 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 […]
§ 9560. Failure to pay over proceeds from execution.
§ 9560. Failure to pay over proceeds from execution. If any sheriff, or constable, levies or receives any sum of money by virtue of an execution issued by a justice of the peace, and does not pay such proceeds on demand to the person entitled to receive them, he or she shall pay to such […]
§ 9561. Failure on return to produce receipt of proceeds.
§ 9561. Failure on return to produce receipt of proceeds. (a) If any constable, to whom an execution is delivered, does not, at or before the time it is returnable, produce the receipt of the party entitled to the benefit thereof, for the amount levied thereon, or makes an insufficient or a false return thereto, […]
§ 9562. Necessity of judgment and execution docket.
§ 9562. Necessity of judgment and execution docket. There shall be a judgment and execution docket for each Justice of the Peace Court, the size, type and mode of said dockets to be as prescribed by the Chief Magistrate. 12 Del. Laws, c. 91; Code 1915, § 4028; Code 1935, § 4514; 10 Del. C. […]
§ 9563. Judgment docket.
§ 9563. Judgment docket. Every justice of the peace shall make a fair entry, in a judgment docket, of every action commenced before him or her, therein setting down the names of the parties, the cause of action, the sum demanded, the day of issuing process and when it is returnable, the return, and in […]
§ 9547. Execution process.
§ 9547. Execution process. (a) Process of execution may be issued by the Justice of the Peace Court rendering a judgment, or by any other Justice of the Peace Court, with which the docket containing such judgment is deposited, or a duly certified transcript of the record of such judgment is filed. (b) The process […]
§ 9548. Form of execution process.
§ 9548. Form of execution process. The form of execution process will be as prescribed by the Court and shall be issued in the manner provided by law. Code 1852, §§ 2110-2112, 2116; Code 1915, § 4023; 40 Del. Laws, c. 237, § 1; Code 1935, § 4509; 43 Del. Laws, c. 230, § 1; […]
§ 9533. Failure to appear; penalty.
§ 9533. Failure to appear; penalty. If a witness, duly summoned, neglects to appear and testify before a justice, or before referees, the witness may, on proof that the witness has been duly summoned, be held in contempt of court under the provisions of § 9506 of this title and, in addition, be required to […]
§ 9549. Garnishees; time for appearance; pleadings.
§ 9549. Garnishees; time for appearance; pleadings. (a) The day fixed for the garnishees’ appearance shall not be less than 5 days from the date, nor shall it be after the return day of the execution. (b) The garnishee summoned on any execution, or other attachment, shall be bound to plead, or answer, concerning any […]