§ 8747. Trial.
§ 8747. Trial. Where property of the defendant has been attached and an affidavit has been filed by the defendant, the Superior Court or the Court of Common Pleas or the justice of the peace (as the case may be), shall proceed to direct an issue to be tried by a jury at the bar […]
§ 8748. Discharge of property or garnishee upon posting bond.
§ 8748. Discharge of property or garnishee upon posting bond. If the defendant gives to the plaintiff a bond with sufficient surety to be approved by the sheriff before the return of the attachment or by the court or justice of the peace (as the case may be), after the return thereof to pay any […]
§ 8749. Judgment and sale of property.
§ 8749. Judgment and sale of property. If a bond be not given, the court or justice of the peace (as the case may be), upon the entry of judgment against the defendant and upon the petition of the plaintiff, shall forthwith make an order for the sale of the property attached upon due notice […]
§ 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 […]