§ 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 […]
§ 9570. Right to appeal.
§ 9570. Right to appeal. (a) A party against whom a judgment is given by a justice of the peace may appeal to the Court of Common Pleas if the judgment is given without a referee trial, and the amount exceeds $5.00, exclusive of costs. (b) A plaintiff or defendant, as the case may be, […]
§ 9553. Levy; inventory.
§ 9553. Levy; inventory. (a) The goods and chattels seized by virtue of an execution issued by a Justice of the Peace Court shall be inventoried by the officer levying the same. (b) The property which any debtor is entitled to have set apart under any exemption law of the State shall be set apart […]
§ 9571. Appeal in civil actions.
§ 9571. Appeal in civil actions. (a) From any final order, ruling, decision or judgment of the Court in a civil action there shall be the right of appeal to the Court of Common Pleas of the State in the county in which said order, ruling, decision or judgment was rendered. (b) The appeal shall […]
§ 9554. Sale of goods levied upon; advertisement.
§ 9554. Sale of goods levied upon; advertisement. (a) The goods and chattels taken on execution issued by a Justice of the Peace Court shall not be sold until they are advertised for at least 10 days, in at least 5 of the most public places in the neighborhood, by advertisements setting forth the goods […]
§ 9572. Proceedings on appeal.
§ 9572. Proceedings on appeal. (a) The appellant shall have the appellant’s appeal entered in the Court of Common Pleas of the county where the judgment was given within the time and in the manner provided by the rules of that Court, and the Clerk of Court shall docket the action and issue process in […]
§ 9555. Priority of liens.
§ 9555. Priority of liens. If several executions against the same defendant are delivered on the same day, the first delivered shall have priority. If several executions against the same defendant are delivered together, they shall have priority according to their respective numbers. 70 Del. Laws, c. 232, § 10;
§ 9573. Execution upon striking of appeal.
§ 9573. Execution upon striking of appeal. (a) Whenever an appeal is struck off, the justice shall, upon application of the creditor, issue execution upon the judgment with the costs on the appeal added, against both defendant and sureties, as is provided in §§ 9547 and 9548 of this title, respecting other sureties of record. […]