§ 8750. Notice of order to sell to lienholders of real estate.
§ 8750. Notice of order to sell to lienholders of real estate. If the property attached is in whole or in part real estate, the court making the order for the sale of property shall also order that notice be given to all persons holding liens and encumbrances against the real estate, as set out […]
§ 8751. Return of residue to defendant.
§ 8751. Return of residue to defendant. The residue of property attached, after satisfying the judgment and costs, shall be restored or paid to the defendant without delay. Code 1915, § 1155; 40 Del. Laws, c. 135, § 1; Code 1935, § 1351; 9 Del. C. 1953, § 8751;
§ 8752. Exemption laws do not apply; those liable as garnishee.
§ 8752. Exemption laws do not apply; those liable as garnishee. The defendant in any writ of attachment under this subchapter shall not be entitled to the benefit of any of the exemption laws of this State. All persons, firms, associations, corporations, public and private, including banks, trust companies, savings institutions, loan associations and insurance […]
§ 8753. Purchase at Sheriff’s Sale by agent of County.
§ 8753. Purchase at Sheriff’s Sale by agent of County. New Castle County Council may authorize any person to bid at the sale of any real estate under this chapter and, in the event that such person is the highest and best bidder therefor, title thereto shall be taken in the name of New Castle […]
§ 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 […]