§ 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 […]
§ 8745. Affidavit of defense; time limit.
§ 8745. Affidavit of defense; time limit. The defendant in any attachment whose property has been attached at any time before the expiration of 10 days after the return of attachment may file in the court or with the justice of the peace where the writ is returnable an affidavit denying the demand of the […]
§ 8761. Procedure to obtain deed.
§ 8761. Procedure to obtain deed. Any person having an interest in or a lien upon the real estate who redeems the same within the time and in the manner prescribed in § 8760 of this title, or any purchaser in case the real estate has not been redeemed or their respective representatives, may prefer […]
§ 8746. Judgment for want of an affidavit of defense.
§ 8746. Judgment for want of an affidavit of defense. In every case in which property of the defendant has been attached, and no affidavit is filed by the defendant, judgment on motion shall be entered in favor of the plaintiff and against the defendant for the amount shown to be due by the affidavit […]
§ 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 […]