reglab/housing_qa huggingface dataset:
10 DE Code § 3102. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 31. Process; Commencement of Actions|§ 3102. Payment of costs by nonresidents for issuance or execution of writs.

§ 3102. Payment of costs by nonresidents for issuance or execution of writs. No prothonotary, Register in Chancery, clerk of any court, or justice of the peace in this State shall be compelled to issue any writ or other original process in a civil action, or any writ of execution on any judgment, in favor of any person not a resident of this State, unless the costs of the issuing of such writ are first paid or tendered to such officer; nor shall any sheriff, coroner, or constable be compelled to execute any such writ until the legal fees for such services are first paid or tendered to such officer by the plaintiff in such action, his or her attorney or agent; any law, custom or usage of this State to the contrary notwithstanding. 12 Del. Laws, c. 266;  Code 1915, §  4086;  Code 1935, §  4577;  10 Del. C. 1953, §  3102;  70 Del. Laws, c. 186, §  1;
10 DE Code § 3103. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 31. Process; Commencement of Actions|§ 3103. Service and return of summons.

§ 3103. Service and return of summons. (a) A writ of summons may be served on the defendant in the manner prescribed by any rule of court, or by stating the substance of it to the defendant personally, or by leaving a copy of it at the defendant's usual place of abode, in the presence of some adult person, 6 days before the return thereof. (b) The officer serving a summons shall state the officer's return the time and manner of service. (c) No service of summons upon the State, or upon any administrative office, agency, department, board or commission of the state government, or upon any officer of the state government concerning any matter arising in connection with the exercise of his or her official powers or duties, shall be complete until such service is made upon the person of the Attorney General or upon the person of the State Solicitor or upon the person of the Chief Deputy Attorney General. Code 1852, §§  2238, 2239;  Code 1915, §  4087;  Code 1935, §  4578;  10 Del. C. 1953, §  3103;  59 Del. Laws, c. 159, §  1;  70 Del. Laws, c. 186, §  1;
10 DE Code § 3105. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 31. Process; Commencement of Actions|§ 3105. Service and return of scire facias.

§ 3105. Service and return of scire facias. In every case in which a writ of scire facias may by law be issued, it shall be served and returned in the same manner as is provided in case of an original summons. Code 1852, §  2241(a);  Code 1915, §  4090;  Code 1935, §  4581;  10 Del. C. 1953, §  3105;
10 DE Code § 3106. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 31. Process; Commencement of Actions|§ 3106. Service of capias ad respondendum.

§ 3106. Service of capias ad respondendum. A writ of capias ad respondendum is served by arresting the defendant, but the defendant shall be discharged upon giving sufficient bail. Code 1852, §  2242;  Code 1915, §  4091;  Code 1935, §  4582;  10 Del. C. 1953, §  3106;  70 Del. Laws, c. 186, §  1;
10 DE Code § 3107. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 31. Process; Commencement of Actions|§ 3107. Arrest of nonresident on mesne process in suit by nonresident.

§ 3107. Arrest of nonresident on mesne process in suit by nonresident. It shall not be lawful, at the suit of any nonresident, to arrest and hold to bail on mesne process any person who is a nonresident of this State at the time of issuing such process against such person, for any debt contracted without the limits of this State. If any such nonresident is so arrested, he or she may apply by petition in writing to any judge of this State, setting forth his or her residence and the state in which the debt was contracted, and the judge, on the production of satisfactory proof that the plaintiff was a nonresident at the time of issuing the process, and also that the petitioner is a nonresident of this State, and that the debt on which the petitioner was arrested was not contracted in this State, shall discharge the petitioner from custody. This section shall not be construed as affecting in any degree the law of attachment. 12 Del. Laws, c. 211;  Code 1915, §  4092;  Code 1935, §  4583;  10 Del. C. 1953, §  3107;  70 Del. Laws, c. 186, §  1;
10 DE Code § 3108. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 31. Process; Commencement of Actions|§ 3108. Prerequisites for issuance of capias ad respondendum.

§ 3108. Prerequisites for issuance of capias ad respondendum. (a) No writ of capias ad respondendum shall be issued against any citizen of this State, in any civil action, unless the plaintiff therein, or if there be more than 1, some 1 or more of the plaintiffs, has made a written affidavit, and filed the same in the office of the prothonotary of the Superior Court of the county out of which the writ is to issue, stating that, to the best of his or her belief, the defendant has absconded, or is about to abscond from the place of the defendant's usual abode; or that the defendant is justly indebted to the plaintiff, in a sum exceeding $50, and that he or she verily believes the defendant has secreted, conveyed away, assigned, settled or disposed of, either money, goods, chattels, stock, securities for money, or other personal estate or real estate of the value of more than $100, with intent to defraud his or her creditors, and shall, moreover, in such affidavit, specify and set forth the supposed fraudulent transactions. This section shall not apply where the action is for libel, slander or injury to the person or property, accompanied by violence, if any affidavit of the cause of action is filed with the praecipe. (b) The Superior Court, upon the petition of any person arrested and upon reasonable notice in writing to the party in whose favor the process issued, or such party's attorney or agent, shall investigate the allegations contained in any affidavit made and filed under this section, that the defendant has absconded or is about to abscond from the place of his or her usual abode, and the allegations and specifications of fraud contained in such affidavit. If, upon such investigation, the Court or Judge considers that there was not or is not sufficient cause for the arrest, the person arrested shall be discharged, and the plaintiff shall pay the costs. The Court or Judge may make and enforce all necessary and proper orders in the premises. 15 Del. Laws, c. 180;  16 Del. Laws, c. 530;  Code 1915, §  4093;  Code 1935, §  4584;  10 Del. C. 1953, §  3108;  70 Del. Laws, c. 186, §  1;
10 DE Code § 3109. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 31. Process; Commencement of Actions|§ 3109. Amicable actions.

§ 3109. Amicable actions. Any persons willing to become parties to an amicable action may enter into an agreement in writing for that purpose, either personally or by their agents or attorneys. On filing such agreement with the prothonotary, the prothonotary shall docket the action in the Superior Court, and from the time of such entry the action shall be deemed to be depending in the same manner as if the defendant had appeared to a summons issued against him or her by the plaintiff. Code 1852, §  2243;  Code 1915, §  4094;  Code 1935, §  4585;  10 Del. C. 1953, §  3109;  70 Del. Laws, c. 186, §  1;
10 DE Code § 3110. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 31. Process; Commencement of Actions|§ 3110. Commencement of actions by attachment.

§ 3110. Commencement of actions by attachment. Actions may be begun by attachment as provided in Chapter 35 of this title. Code 1915, §  4097;  Code 1935, §  4588;  10 Del. C. 1953, §  3110;
10 DE Code § 3111. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 31. Process; Commencement of Actions|§ 3111. Actions against corporations; service of process.

§ 3111. Actions against corporations; service of process. (a) Actions may be brought against any corporation, at law or in chancery, by summons. Process may be served on the president, or head officer, if residing in the State, and if not, on any officer, director, or manager of the corporation. When a cause of action arises in this State against any corporation incorporated outside of this State, and there is no president or head officer of such corporation or any officer, director or manager thereof resident in this State, nor any certified agent thereof, for the service of process, resident in this State, process against such corporation may be served upon any agent of such corporation then being in the State. If such corporation appears, the action shall proceed as in other cases, and if it fails to appear, the plaintiff shall have judgment by default, service of the process being first proved. In an action upon the note of a bank, payable at one of its branches, service of process upon the president or cashier of that branch shall be sufficient. Copies of any rules of court, notice, proceeding, or order, may be served in the same way as original process or upon the attorney of record. (b) In any action against a corporation whose officers reside out of the State, process may be served by publishing the substance thereof in a newspaper of this State, and of the state where the head officer resides, 20 days before the return thereof, and such service shall be sufficient. (c) In respect to such corporation, 10 days notice of any motion, rule, order, or other matter or proceeding is sufficient. Such notice may be served personally on the president, any director or manager, or on the attorney of the corporation, or by copy of the rule or other matter sent by mail to the president or head officer at his or her usual place of abode, or by publishing the same in a newspaper near thereto. (d) Service upon corporations may also be made as provided by § 321 of Title 8. Code 1852, §§  1246-1248;  21 Del. Laws, c. 273, §  43;  22 Del. Laws, c. 166, §  2;  Code 1915, §  4098;  29 Del. Laws, c. 257;  Code 1935, §  4589;  10 Del. C. 1953, §  3111;  70 Del. Laws, c. 186, §  1;
10 DE Code § 3113. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 31. Process; Commencement of Actions|§ 3113. Service of process on resident owner and operator of motor vehicles who depart from the State after an accident.

§ 3113. Service of process on resident owner and operator of motor vehicles who depart from the State after an accident. Section 3104 of this title shall also apply to a resident who departs from the State subsequent to the accident or collision and remains absent therefrom for 30 days continuously, whether such absence is intended to be temporary or permanent, and to any executor or administrator of such resident. 10 Del. C. 1953, §  3113;  54 Del. Laws, c. 249;  76 Del. Laws, c. 329, §  4;
10 DE Code § 3501. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 35. Attachments|§ 3501. Domestic attachment; when writ may be issued.

§ 3501. Domestic attachment; when writ may be issued. A writ of domestic attachment may be issued against an inhabitant of this State upon proof satisfactory to the court that the defendant cannot be found, or that the defendant is justly indebted to the plaintiff in a sum exceeding $50, and has absconded from the defendant's usual place of abode or is about to leave the State or has gone out of the State with intent to defraud his or her creditors or to elude process. Code 1852, §  2264;  Code 1915, §  4118;  Code 1935, §  4606;  10 Del. C. 1953, §  3501;  52 Del. Laws, c. 341;  70 Del. Laws, c. 186, §  1;
10 DE Code § 3502. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 35. Attachments|§ 3502. Corporations subject to attachment and garnishment.

§ 3502. Corporations subject to attachment and garnishment. (a) All corporations doing business in this State, except as specified in subsections (b) and (c) of this section, are subject to the operations of the attachment laws of this State, as provided in the case of individuals. A corporation shall be liable to be summoned as garnishee. (b) Banks, trust companies, savings institutions and loan associations, except only as to a wage attachment against the wages of an employee of the bank, trust company, savings institution or loan association, shall not be subject to the operations of the attachment laws of this State. (c) Insurance companies, except as to moneys due in consequence of the happening of the risk provided for in the policy of insurance or a wage attachment against the wages of an employee of the insurance company, shall not be liable to attachment. 14 Del. Laws, c. 90;  16 Del. Laws, c. 140;  18 Del. Laws, c. 681;  Code 1915, §  4120;  30 Del. Laws, c. 226;  Code 1935, §  4608;  10 Del. C. 1953, §  3502;  52 Del. Laws, c. 341;  65 Del. Laws, c. 49, §  1;  70 Del. Laws, c. 327, §  48;
10 DE Code § 3503. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 35. Attachments|§ 3503. Public officers and employees subject to attachment and garnishment.

§ 3503. Public officers and employees subject to attachment and garnishment. (a) The attachment laws of this State shall apply to employees of the State, or of any county, district or municipality with the same force and effect as they apply to other individuals. Any officer of the State, or of any county, district or municipality, whose duty it is to pay such employees compensation from funds of the State, county, district or municipality for any services rendered by such employees to the State, county, district or municipality may be summoned to appear and answer as other garnishees are required to do. (b) The term “employee” as used in subsection (a) of this section includes any and every person performing any and every form of labor and work for the State, county, district or municipality for compensation. 42 Del. Laws, c. 152, §§  1, 2;  10 Del. C. 1953, §  3503;  52 Del. Laws, c. 341.;
10 DE Code § 3504. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 35. Attachments|§ 3504. Unincorporated association subject to attachment and garnishment.

§ 3504. Unincorporated association subject to attachment and garnishment. (a) A writ of attachment may be issued in any action brought against any unincorporated association of persons, including a partnership, by using its common name. Service of process of such attachment may be made on any officer, director, manager, agent or employee of such unincorporated association, or on any agent authorized by law to accept service of process. (b) Any sheriff, constable or other officer, executing any writ of attachment under the provisions of this section may attach the lands and tenements, goods and chattels, rights and credits, and moneys and effects of the defendant association and may also attach the lands and tenements, goods and chattels, rights and credits, and moneys and effects of any or all of the individuals composing such association in the same manner as if they had been made parties defendant by their individual names. 26 Del. Laws, c. 267, §§  1-5;  Code 1915, §  4121;  30 Del. Laws, c. 227;  Code 1935, §  4609;  10 Del. C. 1953, §  3504;  52 Del. Laws, c. 341;  59 Del. Laws, c. 104, §  1;
10 DE Code § 3505. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 35. Attachments|§ 3505. Worthless checks or unpaid settlement memoranda.

§ 3505. Worthless checks or unpaid settlement memoranda. A writ of attachment may be issued in any action brought against any person who has issued a worthless check against an account in which there are not sufficient funds to pay such check, or where the person has issued slips or memoranda in settlements, which have not been paid. 27 Del. Laws, c. 281;  Code 1915, §  4141;  Code 1935, §  4629;  10 Del. C. 1953, §  3505;  52 Del. Laws, c. 341.;
10 DE Code § 3506. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 35. Attachments|§ 3506. Foreign attachment against individuals.

§ 3506. Foreign attachment against individuals. A writ of foreign attachment may issue against any individual not an inhabitant of this State on any cause of action after proof satisfactory to the court that the defendant cannot be found, that the defendant resides out of the State, and that plaintiff has a good cause of action against the defendant in a sum exceeding $50. Code 1852, §  2290;  16 Del. Laws, c. 533;  Code 1915, §  4142;  Code 1935, §  4630;  10 Del. C. 1953, §  3506;  52 Del. Laws, c. 341.;
10 DE Code § 3507. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 35. Attachments|§ 3507. Foreign attachment against foreign corporations.

§ 3507. Foreign attachment against foreign corporations. A writ of foreign attachment may be issued against any corporation, aggregate or sole, not created by or existing under the laws of this State upon proof satisfactory to the court that the defendant is a corporation not created by, or existing under the laws of this State, and that the plaintiff has a good cause of action against the defendant in an amount exceeding $50. 11 Del. Laws, c. 426;  15 Del. Laws, c. 181;  15 Del. Laws, c. 182, §§  1-3;  Code 1915, §  4143;  Code 1935, §  4631;  10 Del. C. 1953, §  3507;  52 Del. Laws, c. 341.;
10 DE Code § 3508. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 35. Attachments|§ 3508. Property subject to attachment.

§ 3508. Property subject to attachment. Goods, chattels, rights, credits, moneys, effects, lands and tenements may be attached under this chapter. 10 Del. C. 1953, §  3508;  52 Del. Laws, c. 341.;
10 DE Code § 3509. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 35. Attachments|§ 3509. Proceedings against garnishees.

§ 3509. Proceedings against garnishees. If any garnishee, duly summoned shall not appear as required, the garnishee may be compelled, by attachment, to appear and answer or plead. The plaintiff may be compelled to pay a fee to the garnishee in such amount as may be fixed from time to time by rule of the Superior Court. An employer shall not dismiss an employee because the employer was summoned as garnishee for the employee. 10 Del. C. 1953, §  3509;  52 Del. Laws, c. 341;  57 Del. Laws, c. 589;  70 Del. Laws, c. 186, §  1;
10 DE Code § 3510. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 35. Attachments|§ 3510. Capias against garnishee.

§ 3510. Capias against garnishee. If it be shown to the court that any garnishee, summoned or to be summoned thereon, is not an inhabitant of the county where the attachment is pending, or is about to leave the county, then a capias may issue against such garnishee to hold the garnishee to bail for garnishee's appearance at court to answer or plead. 10 Del. C. 1953, §  3510;  52 Del. Laws, c. 341;  70 Del. Laws, c. 186, §  1;
10 DE Code § 3511. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 35. Attachments|§ 3511. Effect of sales.

§ 3511. Effect of sales. All sales under this chapter shall be good against the defendant or the defendant's executors, administrators and assigns. Any transfer or assignment of the property after attachment shall be void, and after the sale of the property is made and confirmed the purchaser shall be entitled to and have all the right, title and interest of the defendant in and to the property so attached and sold, and such sale and confirmation shall transfer to the purchaser all the right, title and interest of the defendant in and to the property as fully as if the defendant had transferred the same to the purchaser in accordance with law. If action is brought against any officer or other person acting under the authority of this chapter, it shall be a good defense that his or her act was done in compliance with this chapter and in accordance with the applicable rules of court. 10 Del. C. 1953, §  3511;  52 Del. Laws, c. 341;  70 Del. Laws, c. 186, §  1;
10 DE Code § 3512. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 35. Attachments|§ 3512. Authority of Superior Court to make rules respecting attachments.

§ 3512. Authority of Superior Court to make rules respecting attachments. The Superior Court may make all necessary rules respecting the form of process, the manner of issuance and return thereof, modes of proof, manner of seizure of property, sale of perishable property, appointment and duties of auditors, the release of property from attachment and the sale of property so seized, and all other matters relating to attachment proceedings, and may require the plaintiff to give approved security to indemnify the defendant for defendant's costs, losses and damages resulting from the attachment. 10 Del. C. 1953, §  3512;  52 Del. Laws, c. 341;  70 Del. Laws, c. 186, §  1;
10 DE Code § 3513. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 35. Attachments|§ 3513. Superior Court Rules govern attachment by justices of the peace and other inferior courts.

§ 3513. Superior Court Rules govern attachment by justices of the peace and other inferior courts. Except where otherwise expressly provided, the Rules of the Superior Court shall govern the procedures in all attachments issued by justices of the peace and other inferior courts. The Superior Court, upon the motion of any defendant or tenant whose property, rights or credits may be attached under any mesne process of attachment issued by a justice of the peace or other inferior court, shall investigate the proofs required by law to be made and filed before the issuing of such process. If upon such investigation the Court considers that there was not sufficient grounds for the attachment, the property, rights and credits attached shall be discharged. 10 Del. C. 1953, §  3513;  52 Del. Laws, c. 341.;
10 DE Code § 3902. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 39. Pleading and Practice|§ 3902. Assignee suing in own name.

§ 3902. Assignee suing in own name. A person to whom a contract, express or implied, has been transferred or assigned, either in accordance with a statute or with the common law, may sue thereon in his or her own name. Code 1915, §  4210A;  30 Del. Laws, c. 228;  Code 1935, §  4684;  10 Del. C. 1953, §  3902;  70 Del. Laws, c. 186, §  1;
10 DE Code § 3903. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 39. Pleading and Practice|§ 3903. Bail bonds, recognizances, peace bonds or appearance bonds; actions on.

§ 3903. Bail bonds, recognizances, peace bonds or appearance bonds; actions on. Whenever any court orders and adjudges a bail bond, recognizance, or bond to keep the peace, or for the appearance of a defendant or of a witness, in any court, forfeited, then in any action on such forfeited bail bond, recognizance, or bond to keep the peace, or for the appearance of a defendant or of a witness, if a copy of such bail bond, bond, or recognizance has been filed with the complaint, the Attorney General, or any other attorney, on behalf of the State, or plaintiff, shall be at liberty to move for judgment after the defendant's time for filing his or her answer has expired, unless the defendant or one of the defendants, if there be more than one, or some one for such defendant or defendants, has filed an affidavit of defense in the action, stating therein the nature and character of the same. The Attorney General shall sue upon and collect all such forfeited bail bonds, recognizances, or bonds. Code 1852, §  2311;  26 Del. Laws, c. 268;  Code 1915, §  4173;  Code 1935, §  4652;  10 Del. C. 1953, §  3903;  70 Del. Laws, c. 186, §  1;