§ 9803. Violations and penalty.
§ 9803. Violations and penalty. (a) Whoever knowingly receives any greater or less fee or cost than is allowed for the services specified, or who refuses to give a receipt or adds any item not specified by the rules of the Justice of the Peace Court, shall be fined not more than $500. (b) The […]
§ 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 […]
§ 9901. Definitions.
§ 9901. Definitions. As used in this chapter: (1) “Appellate court” means a court of this State having direct appellate jurisdiction over a lower court. (2) “Lower court” means any court of this State over which an appellate court of this State has direct appellate jurisdiction. The Superior Court is a lower court for the […]
§ 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 […]
§ 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 […]