§ 9546. Transfer of judgment to Superior Court docket after stay of execution.
§ 9546. Transfer of judgment to Superior Court docket after stay of execution. (a) Whenever a defendant in any judgment described under § 9544 or § 9545 of this title has obtained a stay of execution under the provisions of either of such sections, the plaintiff or plaintiffs in such judgment, may file a duly […]
§ 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 […]
§ 9521. Mode of proceeding.
§ 9521. Mode of proceeding. The proceeding in any civil action for debt, as described in § 9301 of this title, shall be by summons, or attachment. Code 1852, §§ 2064, 2065; 21 Del. Laws, c. 302; 24 Del. Laws, c. 241; 27 Del. Laws, c. 278; Code 1915, § 4006; Code 1935, § 4492; […]
§ 9522. Issuance and requirements of summons.
§ 9522. Issuance and requirements of summons. The writ of summons in an action under this subchapter shall be issued under the seal of the Justice of the Peace Court, dated on the day it is issued, stating the sum demanded, and the date for the defendant’s appearance, which shall be made by the filing […]
§ 9523. Form of summons.
§ 9523. Form of summons. The summons in an action under this subchapter shall be of the following form: “________________________________ County, ss. The State of Delaware. “TO ANY CONSTABLE OF SAID COUNTY OR OTHER DULY APPOINTED PROCESS SERVER: “We command you to summon ________________________________, the defendant(s), and serve upon said defendant(s) a copy of this […]
§ 9524. Service of summons; verification for default judgment.
§ 9524. Service of summons; verification for default judgment. (a) Service of a summons in an action under this subchapter upon an individual other than an infant or an incompetent person, shall be made by delivering a copy of the summons, with accompanying papers, if any, to the individual personally or by leaving a copy […]
§ 9525. Deposit for cost; representation of an artificial entity.
§ 9525. Deposit for cost; representation of an artificial entity. (a) No civil action shall be brought before any justice of the peace, in this State, unless the person bringing such action first makes a deposit of $5.00 with the justice of the peace before whom the person brought the action, to be applied to […]