10 DE Code § 9584. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 95. Procedure|Subchapter II. Civil Actions for Debt|§ 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 to ________________________________, the plaintiff, a cause of action wherein the sum of $________________ is demanded, and that you serve any garnishee of the said debtor found in your bailiwick with 2 copies of this writ, 2 copies of the Affidavit for Attachment filed by the plaintiff and a Garnishee Notice of Service form; and you have then there this warrant, with your doings hereon duly certified. TO GARNISHEE: You are hereby ordered under penalty of contempt to hand deliver forthwith to ________________________________, the debtor, a copy of this writ and a copy of the Affidavit for Attachment; and to return a completed copy of the Garnishee Notice of Service form to the Court as soon as service upon the said debtor is effectuated; and to withhold 15% of the said debtor's net earnings from the debtor's next regularly scheduled paycheck only and to hold same until released by order of the Court. TO DEBTOR: 15% of your net wages from your next scheduled paycheck have been attached for the reasons set forth in the Affidavit for Attachment. The withholding of your wages shall be released by the Court if you: (1) Appear at the Court at any time, Monday through Friday, from 8 a.m. to 4 p.m. before final judgment and enter your appearance acknowledging that you will answer the plaintiff's demand and satisfy any judgment rendered against you in such suit; or (2) appear at the Court at any time, Monday through Friday, from 8 a.m. to 4 p.m., and contest the attachment, in which event the Court will conduct an immediate ex parte post-deprivation hearing on the seizure of your wages and shall dissolve the attachment if the Court determines that there no longer exists a factual basis demonstrating the need for the writ; or (3) appear for trial which is scheduled for the ________ day of ________________, 20________, at ________________________________ a.m./p.m. at Court No. ________________________________, located at ________________________________ You are further advised that failure to appear for trial will result in a default judgment being entered against you. Witness my hand and seal this ________ day of ________________, 20________ ________________________________________________________________ Justice of the Peace” (b) The form of the Garnishee's Notice of Service shall be as follows:   “Garnishee's Notice of Service  To: Clerk of the Court, Justice of the Peace ________ Court No. ________________ Please be advised that I ________________________________, garnishee in Civil Action No. ________________________________, wherein ________________________________ is plaintiff and ________________________________ is the debtor, do hereby certify that a copy of the Writ of Attachment and a copy of the Affidavit for Attachment were served upon the debtor at ________________________________ a.m./p.m. on the ________ day of ________________, 20________ I further certify that 15% of the debtor's next scheduled paycheck will be attached and held by the garnishee until released by the Court. ________________________________________________________________  For Garnishee”  Complete below only if applicable  Please be advised that I ________________________________, garnishee in Civil Action No. ________, wherein ________________________________ is the plaintiff and ________________________________ is the debtor, do hereby certify this ________ day of ________________, 20________, that the said debtor is not an employee of the garnishee and that, therefore, garnishee requests that the garnishee be released from obligations under the Writ of Attachment and is willing to appear to deny that there is anything of the debtor's in my hands or possession if summoned by the Court for this or other purpose. ________________________________________________________________  For Garnishee”  Code 1852, §  2157;  Code 1915, §  4043;  34 Del. Laws, c. 221, §  6;  Code 1935, §  4530;  10 Del. C. 1953, §  9591;  55 Del. Laws, c. 20, §  21;  66 Del. Laws, c. 393, §  2;  70 Del. Laws, c. 186, §  1;