§ 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 […]
§ 9576. Remedy against deceased surety; assignment of creditor’s remedies to surety.
§ 9576. Remedy against deceased surety; assignment of creditor’s remedies to surety. (a) If a surety liable to execution dies before execution is issued, the creditor may proceed by scire facias upon such judgment and suretyship against the executors and administrators of such surety, and have judgment and execution as if the judgment had been […]
§ 9577. Forms.
§ 9577. Forms. The form of a scire facias shall be as follows: AGAINST EXECUTORS OR ADMINISTRATORS “ County, ss. The State of Delaware, To any constable, greeting: We command you that you make known to A. B., administrator (or executor) of C. D., deceased, to appear before E. F., one of our justices of […]
§ 9578. Survival of actions; parties.
§ 9578. Survival of actions; parties. (a) The death of a party shall not abate any action pending before a justice, or any appeal, or right of appeal, or any certiorari. If there are several plaintiffs, or defendants, and one dies, the action, or proceeding, may be prosecuted for, or against the survivor; and if […]
§ 9579. Issuance, service and return of writ; proceedings.
§ 9579. Issuance, service and return of writ; proceedings. A scire facias may be issued by the justice rendering a judgment, or by any other justice, who has the record of such judgment, or a transcript thereof before such justice. It shall be issued, served and returned in the same way as an original summons, […]
§ 9580. Endorsement and docketing; assignment of judgment.
§ 9580. Endorsement and docketing; assignment of judgment. (a) The justice of the peace shall endorse on the scire facias the name of the party who has it issued, and his or her representative character, if he or she so sues, and the name of the person he or she represents, whether as executor, administrator, […]
§ 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 […]