reglab/housing_qa huggingface dataset:
9 DE Code § 8723. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 87. Collection of Delinquent Taxes|Subchapter II. Monition Method of Sale|§ 8723. Form of monition.

§ 8723. Form of monition. The monition shall be in substantially the following form:  To all persons having or claiming to have any title, interest or lien upon the within described premises, take warning that unless the judgment for the taxes or assessment stated herein is paid within 20 days after the date hereof or within such period of 20 days, evidence of the payment of taxes herein claimed shall be filed in the office of the prothonotary, which evidence shall be in the form of a receipted tax bill or duplicate thereof, bearing date prior to the filing of the lien in the office of the prothonotary for the county where the property is located, the tax collecting authority may proceed to sell the property herein mentioned or described for the purpose of collecting the judgment for the taxes or assessments herein stated, including accrued penalties and all costs incurred in the collections process.  Name of personin whose nameproperty isassessed Descriptionofproperty YearorYears AmountofJudgment Code 1935, §  1381A;  46 Del. Laws, c. 133, §  1;  9 Del. C. 1953, §  8723;  55 Del. Laws, c. 85, §  25F;  60 Del. Laws, c. 675, §§  3, 4;  71 Del. Laws, c. 401, §§  15, 121;
9 DE Code § 8724. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 87. Collection of Delinquent Taxes|Subchapter II. Monition Method of Sale|§ 8724. Posting of monition; sheriff's return; alias or pluries monition.

§ 8724. Posting of monition; sheriff's return; alias or pluries monition. (a) The monition, or a copy thereof, shall be posted by the sheriff upon some prominent place or part of the property against which the judgment for the taxes or assessment is a lien, and the sheriff shall make due and proper return of his or her proceedings under the monition to the prothonotary, within 10 days after the posting of the monition. (b) Alias or pluries monition may issue upon like praecipe. The posting of the notice as herein required shall constitute notice to the owner or owners and all persons having any interest in the property. Code 1935, §  1381A;  46 Del. Laws, c. 133, §  1;  9 Del. C. 1953, §  8724;  70 Del. Laws, c. 186, §  1;
9 DE Code § 8727. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 87. Collection of Delinquent Taxes|Subchapter II. Monition Method of Sale|§ 8727. Title of property sold.

§ 8727. Title of property sold. Any real estate or interest therein sold under the provisions of this subchapter shall vest in the purchaser all the right, title and interest of the person in whose name the property was assessed, and/or all right, title and interest of the person or persons who are the owners thereof, and likewise freed and discharged from any liens and encumbrances, dower or curtesy or statutory right, in the nature of a dower or curtesy, whether absolute or inchoate, in or to the real estate. Code 1935, §  1381A;  46 Del. Laws, c. 133, §  1;  9 Del. C. 1953, §  8726;  50 Del. Laws, c. 524, §  2;  72 Del. Laws, c. 138, §  1;
9 DE Code § 8728. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 87. Collection of Delinquent Taxes|Subchapter II. Monition Method of Sale|§ 8728. Petition by purchasers for deed of conveyance.

§ 8728. Petition by purchasers for deed of conveyance. If the owner of the property or the owner's legal representatives fail to redeem the property as provided in this subchapter, the purchaser of the property or the purchaser's legal representatives, successors or assigns may present a petition to the Superior Court setting forth the appropriate facts in conformity with this subchapter and pray that the Superior Court make an order directing the Sheriff, then in office, to execute, acknowledge and deliver a deed conveying the title to the property to the petitioner; and thereupon the Superior Court shall have power, after a hearing upon the petition, to issue an order directing the Sheriff to execute, acknowledge and deliver a deed as prayed for in the petition. A description of the property as the same shall appear upon the assessment rolls, and a description by metes and bounds where obtainable shall be a sufficient description in any such deed. Code 1935, §  1381A;  46 Del. Laws, c. 133, §  1;  9 Del. C. 1953, §  8727;  55 Del. Laws, c. 85, §  25H;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 138, §  1;
9 DE Code § 8729. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 87. Collection of Delinquent Taxes|Subchapter II. Monition Method of Sale|§ 8729. Redemption by owner.

§ 8729. Redemption by owner. The owner of any such real estate sold under this subchapter or the owner's legal representatives may redeem the same at any time within 60 days from the day the sale thereof is approved by the Court, by paying to the purchaser or his or her legal representatives, successors or assigns, the amount of the purchase price and 15 percent in addition thereto, together with all costs incurred in the cause; or if the purchaser or his or her legal representatives, successors or assigns refuse to receive the same, or do not reside or cannot be found within the county where the property is located, by paying the amount into the Court for the use of the purchaser, his or her legal representatives or assigns. Code 1935, §  1381A;  46 Del. Laws, c. 133, §  1;  9 Del. C. 1953, §  8728;  60 Del. Laws, c. 172, §  1;  60 Del. Laws, c. 675, §  6;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 138, §  1;
9 DE Code § 8730. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 87. Collection of Delinquent Taxes|Subchapter II. Monition Method of Sale|§ 8730. Petition by owner after redemption for entry on judgment record.

§ 8730. Petition by owner after redemption for entry on judgment record. 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 present to the Superior Court a petition setting forth that fact and thereupon the Superior Court, after hearing and determining the facts set forth in the petition, shall have power to cause to be entered upon the record of the judgment, under which the real estate was sold, a memorandum that the real estate described in the proceedings upon which the judgment was entered has been redeemed. Thereafter the owner shall hold such redeemed real estate subject to the same liens and in the same order of priority as they existed at the time of the sale thereof, excepting so far as the liens have been discharged or reduced by the application of the proceeds by the sheriff from the sale. Code 1935, §  1381A;  46 Del. Laws, c. 133, §  1;  9 Del. C. 1953, §  8729;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 138, §  1;
9 DE Code § 8731. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 87. Collection of Delinquent Taxes|Subchapter II. Monition Method of Sale|§ 8731. Regularity of proceedings under venditioni exponas.

§ 8731. Regularity of proceedings under venditioni exponas. Upon the return of the proceedings under a writ of venditioni exponas, the Superior Court may inquire into the regularity of the proceedings thereunder, and either approve the sale or set it aside. 46 Del. Laws, c. 133, §  1;  Code 1935, §  1381A;  9 Del. C. 1953, §  8730;  72 Del. Laws, c. 138, §  1;
9 DE Code § 8732. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 87. Collection of Delinquent Taxes|Subchapter II. Monition Method of Sale|§ 8732. No proceedings unless tax is a lien upon property; construction of term “Superior Court.”

§ 8732. No proceedings unless tax is a lien upon property; construction of term “Superior Court.” (a) No proceedings shall be brought under this subchapter unless the tax or assessment sought to be collected hereunder shall at the time of the filing of the praecipe in the office of the prothonotary be and constitute a lien upon the property against which the tax or assessment was assessed or laid. (b) Whenever the Superior Court is mentioned in this subchapter, the same shall be held to embrace the Judges or any Judge thereof, and any act required or authorized to be done under this subchapter may be done by the Superior Court or any Judge thereof in vacation thereof, as well as in term time. Code 1935, §  1381A;  46 Del. Laws, c. 133, §  1;  9 Del. C. 1953, §  8731;  72 Del. Laws, c. 138, §  1;
9 DE Code § 8733. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 87. Collection of Delinquent Taxes|Subchapter II. Monition Method of Sale|§ 8733. Fees and costs.

§ 8733. Fees and costs. (a) The fees and costs to be taxed in all proceedings under this subchapter, where not otherwise provided for, shall be as follows:   The following fees shall be charged by the prothonotary:   Filing praecipe  $ 1.10 Issuing monition and copy 2.75 Issuing alias or pluries, monition and copy  2.75 Writ of venditioni exponas  2.25 Filing any petition in Superior Court under this subchapter  1.00 Costs of paying money into Superior Court  1.00 Costs of paying money out of Superior Court for each check drawn  1.00  The following fees shall be charged by the Sheriff:   Posting monition or copy thereof .75 Posting each alias or pluries, monition or copy thereof .75  The following fee shall be charged by the tax collecting authority for Kent County:  For preparing description of liened property 25.00  The following fee shall be charged by the tax collecting authority for Sussex County:  For preparing description of liened property 25.00 All other charges not covered by this section shall be the same as are provided by law.  (b) In addition to the fees set forth above, the costs to be taxed in all proceedings under this subchapter which are brought in Sussex County may include all reasonable attorney's fees, as determined by the Court, incurred by the County in connection with each respective proceeding. (c) This section shall not apply to Kent County. The county government of Kent County may provide by ordinance for fees and costs to be taxed in all proceedings under this subchapter. (d) County Council of New Castle County may provide by ordinance for fees and costs to be taxed in all proceedings under this chapter. Code 1935, §  1381A;  46 Del. Laws, c. 133, §  1;  9 Del. C. 1953, §  8732;  55 Del. Laws, c. 85, §  25I;  60 Del. Laws, c. 675, §  7;  61 Del. Laws, c. 391, §  3;  65 Del. Laws, c. 305, §  2;  69 Del. Laws, c. 278, §  1;  71 Del. Laws, c. 401, §§  115, 123;  72 Del. Laws, c. 138, §  1;
9 DE Code § 8741. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 87. Collection of Delinquent Taxes|Subchapter III. Attachment of Land in New Castle County|§ 8741. Legal proceedings to collect unpaid taxes.

§ 8741. Legal proceedings to collect unpaid taxes. The Office of Finance of New Castle County may, on or after January 1 in every year, institute proceedings against all persons in such County liable for the payment of any taxes payable to the County then remaining due and unpaid for any year or years prior thereto. Code 1915, §  1155;  40 Del. Laws, c. 135, §  1;  Code 1935, §  1351;  9 Del. C. 1953, §  8741;  55 Del. Laws, c. 85, §  25K;  71 Del. Laws, c. 401, §  125;
9 DE Code § 8742. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 87. Collection of Delinquent Taxes|Subchapter III. Attachment of Land in New Castle County|§ 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. Laws, c. 135, §  1;  Code 1935, §  1351;  9 Del. C. 1953, §  8742;  71 Del. Laws, c. 401, §  126;
9 DE Code § 8743. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 87. Collection of Delinquent Taxes|Subchapter III. Attachment of Land in New Castle County|§ 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 year (stating the year for which the taxes are due) with the prothonotary of the appropriate court and thereupon the prothonotary or Clerk of the Court of Common Pleas or the justice of the peace (as the case may be), shall issue a writ of attachment directed to the Sheriff of New Castle County commanding the Sheriff that the Sheriff attach all the lands and tenements, goods and chattels, rights and credits, moneys and effects of the defendant within New Castle County to answer the plaintiff in a cause of action wherein the sum of . . . . . . . . dollars for taxes for the year . . . . . . is demanded and that the Sheriff summon any garnishee or garnishees of the defendant found within the Sheriff's bailiwick to appear before the Superior Court or before the Court of Common Pleas or before the justice of the peace (as the case may be), on the . . . . . . . . day of . . . . . . . ., A.D. . . . . . . at . . . . . . o'clock in the . . . . . . to answer what goods and chattels, rights and credits, moneys and effects of the defendant may be in the defendant's hands and that the defendant have then and there the writ of attachment with the defendant's doings thereon duly endorsed. The writ of attachment shall be returnable within 15 days. There shall be omitted from the writ of attachment, if issued by the Clerk of the Court of Common Pleas or by a justice of the peace the words “lands and tenements.” (b) Under the writ of attachment, if issued by the prothonotary, the sheriff shall be authorized to attach not only the lands and tenements belonging to the defendant, but such other lands and tenements, or any part thereof, theretofore belonging to the defendant against which the taxes sued for are a lien. (c) If the sheriff is unable to find any property, rights, credits, moneys or effects of the defendant subject to attachment within the sheriff's bailiwick or in the hands of any person within the sheriff's bailiwick, then a further writ or writs of attachment may be issued until the sheriff shall find property, rights, credits, moneys or effects subject to attachment within the sheriff's bailiwick. Code 1915, §  1155;  40 Del. Laws, c. 135, §  1;  Code 1935, §  1351;  9 Del. C. 1953, §  8743;  55 Del. Laws, c. 85, §  25K;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 401, §  127;
9 DE Code § 8744. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 87. Collection of Delinquent Taxes|Subchapter III. Attachment of Land in New Castle County|§ 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 than 6 days before the return thereof in the presence of an adult person, and if the defendant is a corporation, such writ may either be served personally on the president or 1 of the directors thereof or by leaving a copy thereof at its principal place of business in New Castle County more than 6 days before the return thereof in the presence of an adult person, or if the person does not reside in New Castle County, or if the corporation has no place of business in New Castle County, a copy thereof may be mailed in a sealed postpaid envelope directed to the last known address or place of business of the defendant more than 6 days before the return thereof. (b) The day of mailing shall be deemed and taken as the day of the giving of the notice, but the failure to give the notice shall not divest the court or the justice of the peace before whom the proceedings were instituted of jurisdiction to hear and determine the proceedings. Code 1915, §  1155;  40 Del. Laws, c. 135, §  1;  Code 1935, §  1351;  9 Del. C. 1953, §  8744;  70 Del. Laws, c. 186, §  1;
9 DE Code § 8745. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 87. Collection of Delinquent Taxes|Subchapter III. Attachment of Land in New Castle County|§ 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 plaintiff in whole or in part. Code 1915, §  1155;  40 Del. Laws, c. 135, §  1;  Code 1935, §  1351;  9 Del. C. 1953, §  8745;
9 DE Code § 8746. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 87. Collection of Delinquent Taxes|Subchapter III. Attachment of Land in New Castle County|§ 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 filed by the plaintiff together with the plaintiff's costs. Code 1915, §  1155;  40 Del. Laws, c. 135, §  1;  Code 1935, §  1351;  9 Del. C. 1953, §  8746;  70 Del. Laws, c. 186, §  1;
9 DE Code § 8747. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 87. Collection of Delinquent Taxes|Subchapter III. Attachment of Land in New Castle County|§ 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 of the Superior Court or by a reference to 3 judicious and impartial citizens before the Court of Common Pleas to be appointed by the Court or before the justice of the peace to be appointed by the justice of the peace (as the case may be) for ascertaining whether there is a just demand and the amount thereof, and their verdict or finding shall be final and conclusive. Code 1915, §  1155;  40 Del. Laws, c. 135, §  1;  Code 1935, §  1351;  9 Del. C. 1953, §  8747;
9 DE Code § 8748. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 87. Collection of Delinquent Taxes|Subchapter III. Attachment of Land in New Castle County|§ 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 judgment recovered against the defendant with costs, the property attached and the garnishee summoned shall be discharged. Code 1915, §  1155;  40 Del. Laws, c. 135, §  1;  Code 1935, §  1351;  9 Del. C. 1953, §  8748;  70 Del. Laws, c. 186, §  1;
9 DE Code § 8749. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 87. Collection of Delinquent Taxes|Subchapter III. Attachment of Land in New Castle County|§ 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 or so much thereof as shall be necessary to pay the judgment with the costs, and shall render judgment against every garnishee summoned upon the attachment that has answered, confessing property in his, her or its hands or upon the verdict of a jury in the Superior Court against him or her or upon the finding against him or her on a hearing before the Court of Common Pleas or justice of the peace (as the case may be), if required to plead, as in other proceedings by attachment. Code 1915, §  1155;  40 Del. Laws, c. 135, §  1;  Code 1935, §  1351;  9 Del. C. 1953, §  8749;  70 Del. Laws, c. 186, §  1;
9 DE Code § 8750. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 87. Collection of Delinquent Taxes|Subchapter III. Attachment of Land in New Castle County|§ 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 in the petition of the plaintiff but the failure to include in the petition or in the order the name of any person holding any such lien or encumbrance or the failure to give such notice to such person shall not be sufficient cause to set aside such sale, but the real estate so sold shall not be sold or discharged of liens and encumbrances existing against it held by any person not named in the order and not served with the notice. The notice shall be served personally upon such persons holding liens at least 6 days before the day of sale, by delivering to each of such persons a copy of the order of sale or by leaving a copy thereof at the usual place of abode of such persons within New Castle County in the presence of an adult person. In case it appears to the court that any of such persons holding liens has no known place of abode within New Castle County and cannot be served personally, the court shall order that publication of notice of the sale be made in such newspaper or newspapers published in New Castle County as shall in the judgment of the court best serve to bring to such person knowledge of the sale. Code 1915, §  1155;  40 Del. Laws, c. 135, §  1;  Code 1935, §  1351;  9 Del. C. 1953, §  8750;
9 DE Code § 8751. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 87. Collection of Delinquent Taxes|Subchapter III. Attachment of Land in New Castle County|§ 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;
9 DE Code § 8752. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 87. Collection of Delinquent Taxes|Subchapter III. Attachment of Land in New Castle County|§ 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 companies and public officers and the agents, servants and trustees of the defendant shall be liable to be summoned as garnishee for which purpose service of the summons as provided in other attachment cases shall be sufficient to render the persons and the officers of the corporations subject to all the liabilities provided by law and the answer of such persons and of such officers so served with the attachment shall be enforced in the same manner as is now provided by law in other cases. Code 1915, §  1155;  40 Del. Laws, c. 135, §  1;  Code 1935, §  1351;  9 Del. C. 1953, §  8752;