US Lawyer Database

§ 8754. Proceedings to collect taxes where delay may lose benefit of process.

§ 8754. Proceedings to collect taxes where delay may lose benefit of process. The tax collecting authority may at any time prior to January 1 in any year institute proceedings against any person liable for the payment of any taxes payable to the county and due to it then remaining unpaid for the year in […]

§ 8755. Penalty for removing attached property from County.

§ 8755. Penalty for removing attached property from County. Whoever, without the consent of the plaintiff in any writ of attachment issued under the provisions of this subchapter, secretes, destroys or removes from the county any property seized under a writ of attachment issued under this subchapter, shall be fined in a sum equal to […]

§ 8756. Procedure upon failure of bonded defendant to pay judgment.

§ 8756. Procedure upon failure of bonded defendant to pay judgment. In every case in which the defendant has given to the plaintiff a bond in the manner provided for in this subchapter and judgment has been entered against the defendant, if the defendant fails to pay to the plaintiff the judgment with interest and […]

§ 8757. Procedure to confirm or set aside sale; second sale.

§ 8757. Procedure to confirm or set aside sale; second sale. Upon the return of any order of sale the Superior Court shall, if real estate is sold, inquire into the circumstances and regularity of the proceedings relative to such sale and either confirm the sale or set it aside. If the Superior Court confirms […]

§ 8742. Where attachment proceedings brought.

§ 8742. Where attachment proceedings brought. (a) Legal proceedings under § 8741 of this title to collect unpaid taxes may be instituted in any court of competent jurisdiction. (b) The proceedings shall be either by attachment, as provided in this subchapter, or by any other procedure authorized by law. Code 1915, § 1155;  40 Del. […]

§ 8758. Redemption of real estate by owner after sale.

§ 8758. Redemption of real estate by owner after sale. The owner of any real estate sold under order of sale or the owner’s legal representative may redeem the real estate so sold at any time within 60 days from the day the sale is confirmed by the Superior Court, by paying to the purchaser […]

§ 8743. Affidavit and writ of attachment.

§ 8743. Affidavit and writ of attachment. (a) In attachment proceedings under this subchapter, an affidavit shall be made and filed by the office of finance, or by some creditable person for it, stating that the defendant is justly indebted to the plaintiff in the sum of (stating the sum due for taxes) for the […]

§ 8759. Owner’s petition and rights after redemption.

§ 8759. Owner’s petition and rights after redemption. If the owner of any real estate sold under an order of sale or the owner’s legal representative redeems the real estate, he or she may prefer to the Superior Court a petition setting forth that fact and thereupon the Superior Court, after hearing and determining the […]

§ 8744. Notice of attachment to defendant.

§ 8744. Notice of attachment to defendant. (a) Notice of the attachment shall also be given to the defendant whenever practicable. If the defendant is a person, such writ may either be served upon the defendant personally or by leaving a copy thereof at the defendant’s usual place of abode within New Castle County more […]

§ 8760. Right of redemption by lienholder.

§ 8760. Right of redemption by lienholder. (a) If the owner or the owner’s legal representative does not redeem the real estate within 60 days from the day the sale is confirmed by the Superior Court, any person who has an interest or lien upon any real estate so sold which was discharged by the […]