reglab/housing_qa huggingface dataset:
10 DE Code § 9533. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 95. Procedure|Subchapter II. Civil Actions for Debt|§ 9533. Failure to appear; penalty.

§ 9533. Failure to appear; penalty. If a witness, duly summoned, neglects to appear and testify before a justice, or before referees, the witness may, on proof that the witness has been duly summoned, be held in contempt of court under the provisions of § 9506 of this title and, in addition, be required to pay any additional court cost created by the witness' nonappearance. Code 1852, §  2177;  Code 1915, §  4051;  Code 1935, §  4538;  10 Del. C. 1953, §  9533;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 27, §  4;
10 DE Code § 9534. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 95. Procedure|Subchapter II. Civil Actions for Debt|§ 9534. Form of attachment for contempt.

§ 9534. Form of attachment for contempt. The form of an attachment under § 9533 of this title for contempt against a witness, shall be as follows:  “________________________________ County, ss. The State of Delaware,  To any constable, greeting:  Bring A. B. before ________________________________, one of our justices of the peace, at a Justice of the Peace Court in the county in which the action was commenced forthwith to show cause why he/she should not be punished under civil contempt as provided by § 9506 of Title 10 of the Delaware Code. * * * *    *   *  Witness the hand and seal of the said Justice the ........ day of ........ A.D. 20....”  * L. S.  * *   *    * * * *    Code 1852, §  2179;  Code 1915, §  4051;  Code 1935, §  4538;  10 Del. C. 1953, §  9534;  55 Del. Laws, c. 20, §  12;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 27, §  5;
10 DE Code § 9535. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 95. Procedure|Subchapter II. Civil Actions for Debt|§ 9535. Form of distress warrant.

§ 9535. Form of distress warrant. The distress warrant to be used for levy on a referee's goods and chattels shall be in the following form:  “________________________________ County, ss. The State of Delaware,  To any constable, greeting:  Whereas, C. D. of ________________________________ has been adjudged by E. F., one of our justices of the peace, to be guilty of a contempt in making default, after due summons as a referee, in a case pending before said justice, and has been ordered to pay a fine of five dollars in pursuance of the Act of Assembly in such case provided; and whereas, the said C. D. has neglected to pay the said sum:  We therefore command you to levy the said sum of five dollars, with ________________ costs and your costs hereon, by distress and sale of the goods and chattels of the said C. D., upon due notice given, as upon other execution process. * * * *    *   *  Witness the hand and seal of the said Justice the ........ day of ........ A.D. 20....”  * L. S.  * *   *    * * * *    Code 1852, §  2087;  Code 1915, §  4013;  Code 1935, §  4499;  10 Del. C. 1953, §  9539;  55 Del. Laws, c. 20, §  13;
10 DE Code § 9536. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 95. Procedure|Subchapter II. Civil Actions for Debt|§ 9536. Setoff or counterclaim.

§ 9536. Setoff or counterclaim. (a) In every action before a justice of the peace, within the justice's jurisdiction, the defendant, if he or she has against the plaintiff any account, demand, or cause of action, cognizable before a justice of the peace, shall bring it forward and plead it as a setoff; and the justice shall enter on the docket the nature and amount of such counterclaim. Any defendant, neglecting to do so, shall, if the action against him or her be prosecuted to judgment, lose such account, demand, or cause of action, and be forever barred from recovering it. (b) If the defendant has any account, demand, or cause of action, against the plaintiff, exceeding $25,000, the defendant may bring it forward and plead it as a setoff under subsection (a) of this section. The defendant does not, by neglecting to plead it, lose such cause of action. (c) If the defendant pleads a setoff exceeding $25,000 and it is found on the trial that there is any sum due the defendant from the plaintiff, judgment shall be given against the plaintiff, in the defendant's favor, for such sum, provided the sum does not exceed $25,000. If the sum exceeds $25,000 that fact shall be stated on the record, and judgment shall be given for costs for the defendant, who may prosecute such cause of action in court; or the defendant may remit the excess above $25,000 and take judgment for that sum. Code 1852, §§  2089-2091;  18 Del. Laws, c. 678, §  1;  Code 1915, §  4014;  34 Del. Laws, c. 221, §  3;  Code 1935, §  4500;  10 Del. C. 1953, §  9540;  55 Del. Laws, c. 297, §  5;  57 Del. Laws, c. 192, §  5;  65 Del. Laws, c. 30, §  1;  67 Del. Laws, c. 426, §  4;  69 Del. Laws, c. 425, §  4;  70 Del. Laws, c. 186, §  1;  83 Del. Laws, c. 37, § 39;
10 DE Code § 9537. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 95. Procedure|Subchapter II. Civil Actions for Debt|§ 9537. Failure of defendant to appear; adjournment or judgment by default.

§ 9537. Failure of defendant to appear; adjournment or judgment by default. (a) After verification of the return of service, if a defendant, being duly summoned, fails to appear by written motion or pleading at or before the date provided for in the summons or at any time to which the cause is regularly adjourned judgment by default may be entered. The amount of damages awarded shall be the amount proven to be properly due. Such proof may be by affidavit or, when judgment is entered by the Court, by such other information as may be required by the Court. A default judgment may be entered as follows:  (1) By the clerk. — When the plaintiff's claim is (i) based upon a written instrument from which the defendant's agreement to pay the amount claimed can be determined from the face of the instrument or from calculations therefrom or (ii) for a civil penalty payable to the State or any subdivision thereof, a mandatory dollar amount of which is specified by statute, the clerk, upon written application of the plaintiff and upon affidavit of the amount due, giving credit for any payments and showing the amounts and dates thereof and a computation of any applicable interest to the date of judgment, may enter judgment for that amount and costs against the defendant. (2) By the Court. — When entry of judgment may not be made by the clerk pursuant to paragraph (a)(1) of this section or when the Court, in its discretion, determines that entry of the default judgment should be made by the Court, the Court may enter the judgment. When entered by the Court, the Court may make investigation into and determine the amount of damages properly due. If in order to enable the Court to enter judgment, carry it into effect, or determine the amount of damages, it is necessary to establish the truth of any averment by evidence or to make an investigation of any matter, the Court may conduct such hearings or order such references as it deems necessary and proper. (b) No judgment shall be given against an executor, or administrator, as such, by default, until the plaintiff produces the obligation, note, or contract of the deceased, or a book of accounts regularly and fairly kept, and verified by oath or affirmation, or other sufficient proof, and a probate regularly made; and a book of accounts shall not be received for cash entries, or items not properly chargeable in account. Code 1852, §  2081;  Code 1915, §  4011;  Code 1935, §  4497;  10 Del. C. 1953, §  9541;  69 Del. Laws, c. 429, §  6;  73 Del. Laws, c. 337, §  1;
10 DE Code § 9538. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 95. Procedure|Subchapter II. Civil Actions for Debt|§ 9538. Application to vacate default judgment.

§ 9538. Application to vacate default judgment. (a) A defendant may, within 15 days after the day of giving a judgment by default, apply to the court to vacate the judgment, and let the parties into a trial, provided however that a defendant may, within 30 days after a judgment by default, apply to have the judgment vacated, if service was made by certified mail, return receipt requested, and the certified mail was returned unclaimed. (b) The plaintiff, or the plaintiff's agent, if in the county, shall have notice of the defendant's application, and of the time set for hearing it. (c) If, upon the hearing, the justice is satisfied that there ought to be a trial, and that the defendant was not guilty of wilful negligence in letting judgment go against the defendant by default, the application shall be granted, and a day appointed for the trial, whereof the plaintiff, or the plaintiff's agent, shall have notice. (d) The notice may in either case, be given and proved by the constable. Code 1852, §  2082;  Code 1915, §  4011;  Code 1935, §  4497;  10 Del. C. 1953, §  9542;  66 Del. Laws, c. 415, §  2;  69 Del. Laws, c. 429, §  7;  70 Del. Laws, c. 186, §  1;
10 DE Code § 9539. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 95. Procedure|Subchapter II. Civil Actions for Debt|§ 9539. Failure of plaintiff to appear; adjournment or dismissal.

§ 9539. Failure of plaintiff to appear; adjournment or dismissal. If a plaintiff litigating a civil suit fails to appear at any proceeding scheduled by the Court, the Court shall either: enter a nonsuit judgment, which may be taken off in like manner as a judgment by default; dismiss the action according to court rule; or adjourn the matter for further proceedings, as the circumstances direct. Code 1852, §  2083;  Code 1915, §  4011;  Code 1935, §  4497;  10 Del. C. 1953, §  9543;  76 Del. Laws, c. 27, §  6;
10 DE Code § 9540. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 95. Procedure|Subchapter II. Civil Actions for Debt|§ 9540. Entry of judgment; endorsement on cause of action.

§ 9540. Entry of judgment; endorsement on cause of action. Every justice of the peace, upon entering judgment upon any cause of action arising from any promissory note, bank check or due bill, or other evidences of indebtedness under the hand of the debtor, shall endorse on such cause of action the year, month and day of entering such judgment, with a reference to the docket, showing the page of such docket, and the number of such judgment, and shall file such cause of action in his or her office, which cause of action shall be a part of the record. 18 Del. Laws, c. 677, §  1;  Code 1915, §  4010;  Code 1935, §  4496;  10 Del. C. 1953, §  9544;  70 Del. Laws, c. 186, §  1;
10 DE Code § 9541. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 95. Procedure|Subchapter II. Civil Actions for Debt|§ 9541. Costs.

§ 9541. Costs. (a) Whichever party recovers judgment shall recover that party's costs of suit, to be allowed and collected by force of the judgment, as a part thereof. (b) If plaintiff, upon claiming a new trial, recovers no more than $5.00, exclusive of costs, the defendant shall be allowed his or her costs in the new trial. (c) If the plaintiff is nonsuited, or discontinues or withdraws his or her action, judgment shall be given for the defendant for costs. Code 1852, §§  2092, 2093;  Code 1915, §  4015;  Code 1935, §  4501;  10 Del. C. 1953, §  9545;  58 Del. Laws, c. 194, §  8;  70 Del. Laws, c. 186, §  1;
10 DE Code § 9542. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 95. Procedure|Subchapter II. Civil Actions for Debt|§ 9542. Judgments against executor or administrator.

§ 9542. Judgments against executor or administrator. (a) Every judgment against an executor, or administrator, as such, shall be a judgment of assets, and shall not charge the executor or administrator absolutely, but only in case the executor or administrator, at the time the judgment is rendered, or before, or afterward, has assets which, according to law, ought to be applied to the cause of action. (b) If an execution on a judgment against an executor or administrator is returned unsatisfied for want of assets, the creditor may sue out a scire facias, upon a suggestion of waste, against the executor or administrator; and if the defendant does not appear and show sufficient cause to the contrary, the defendant shall be deemed guilty of waste and shall be personally liable for the amount of the original judgment, with interest and costs, and judgment and execution shall be awarded accordingly, as for the defendant's own debt. No such scire facias shall be issued until after the lapse of 1 year from the grant of letters of administration to the defendant. (c) In all cases in which a question of assets shall be determined, that question shall be tried by the justice, and not by referees. Code 1852, §§  2094-2096;  Code 1915, §  4016;  Code 1935, §  4502;  10 Del. C. 1953, §  9546;  69 Del. Laws, c. 429, §  8;  70 Del. Laws, c. 186, §  1;
10 DE Code § 9543. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 95. Procedure|Subchapter II. Civil Actions for Debt|§ 9543. Setting aside judgment on warrant of attorney.

§ 9543. Setting aside judgment on warrant of attorney. (a) If any defendant in a judgment on warrant of attorney, or attorney's executors, or administrators, by affidavit filed with the justice, denies the obligation, or sets forth any just defense, a trial shall be granted, which shall be conducted as in other cases. (b) The judgment shall not be vacated, nor any execution, or levy thereon, set aside, until after a trial and determination against such obligation, or warrant. (c) A levy shall be a security for what may be found due to the plaintiff, the proceedings thereupon being stayed, unless the defendant gives sufficient security to pay the plaintiff the sum justly due. (d) The security shall be entered as follows:  “On the ________________day of ________________ A.D. 20 ________, A. B. (and C. D., if two) became surety for the defendant (or defendants) for the payment of whatever is justly due to the plaintiff (or plaintiffs) in this action.” (e) Upon the entry of security being made and signed, the judgment and execution shall be set aside. Code 1852, §  2102;  Code 1915, §  4020;  Code 1935, §  4506;  10 Del. C. 1953, §  9549;  70 Del. Laws, c. 186, §  1;
10 DE Code § 9544. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 95. Procedure|Subchapter II. Civil Actions for Debt|§ 9544. Six months stay of execution.

§ 9544. Six months stay of execution. (a) Upon every judgment given by the Court against a freeholder of the county, for a sum exceeding $5.00, besides costs, there shall, upon the application of the defendant within 5 days thereafter, be a stay of execution for 6 months, unless a creditor in the judgment, or other credible person, makes and files an affidavit before the justice “that he or she has good ground to apprehend and does verily believe that if the stay of execution be allowed, the sum due by the judgment will be lost”; upon which execution may forthwith issue. (b) If any of several defendants in such judgment is a freeholder of the county, the provisions of subsection (a) of this section shall apply. Code 1852, §  2103;  12 Del. Laws, c. 22;  Code 1915, §  4021;  Code 1935, §  4507;  10 Del. C. 1953, §  9551;  69 Del. Laws, c. 429, §  9;  70 Del. Laws, c. 186, §  1;
10 DE Code § 9545. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 95. Procedure|Subchapter II. Civil Actions for Debt|§ 9545. Nine months stay of execution; security.

§ 9545. Nine months stay of execution; security. (a) If any defendant against whom a judgment is given for more than $5.00, besides costs, or any freeholder in relation to whom affidavit is made as in § 9544 of this title, gives, within 5 days after giving such judgment, or filing such affidavit, sufficient security to pay the judgment, there shall be a stay of execution thereon for 9 months from that time. (b) The security shall be entered on the docket in the following form:  “On the ________________ day of ________________, A. D. 20________, A. B., (or A. B. and C. D., if two) becomes surety that this judgment shall be fully satisfied”; and the entry shall be signed by the surety or sureties. (c) The entry of security, and the entry prescribed in § 9546 of this title, shall be an obligation of record, and shall oblige the sureties, or their executors or administrators, jointly, or severally, to pay the judgment to which such entry refers, and after the expiration of the stay of execution the judgment may be executed and enforced against the sureties, their executors or administrators, without an action of debt, or a scire facias being first maintained or issued thereupon. (d) If any defendant, in a judgment against several, is not a freeholder of the county, the foregoing provisions for 9 months' stay on giving security shall apply, although there may be other defendants who are freeholders. (e) If, in any case, execution has issued before the security is given, the same shall, on giving the security within the 5 days, be superseded and the proceedings thereon quashed. Code 1852, §§  2104-2107;  Code 1915, §  4022;  34 Del. Laws, c. 222;  Code 1935, §  4508;  10 Del. C. 1953, §  9552;
10 DE Code § 9546. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 95. Procedure|Subchapter II. Civil Actions for Debt|§ 9546. Transfer of judgment to Superior Court docket after stay of execution.

§ 9546. Transfer of judgment to Superior Court docket after stay of execution. (a) Whenever a defendant in any judgment described under § 9544 or § 9545 of this title has obtained a stay of execution under the provisions of either of such sections, the plaintiff or plaintiffs in such judgment, may file a duly certified transcript of the docket entries of the judgment, with the prothonotary of the Superior Court, in the county where such judgment was given, and the prothonotary shall enter in the prothonotary's judgment docket, the names of the parties, the amount of the judgment, and by what Justice of the Peace Court rendered, the time from which interest runs and the amount of the costs, with the true date of such filing and entry. (b) A judgment transferred under the provisions of this section shall from that date become and be a lien on all the real estate of the defendants, as well as of the sureties, in the county, in the same manner and as fully as judgments rendered in the Superior Court are liens, and may, after the expiration of the stay of execution, be executed and enforced in the same way as judgments of the Court. If any such judgment is lawfully assigned to a joint debtor or surety, the assignee shall have the benefit of this section. Code 1852, §  2103;  12 Del. Laws, c. 22;  Code 1915, §§  4021, 4022;  34 Del. Laws, c. 222;  Code 1935, §§  4507, 4508;  10 Del. C. 1953, §  9553;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 232, §  4;
10 DE Code § 9547. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 95. Procedure|Subchapter II. Civil Actions for Debt|§ 9547. Execution process.

§ 9547. Execution process. (a) Process of execution may be issued by the Justice of the Peace Court rendering a judgment, or by any other Justice of the Peace Court, with which the docket containing such judgment is deposited, or a duly certified transcript of the record of such judgment is filed. (b) The process of execution shall bear date of the day it is issued, and shall be made returnable on a day certain, not more than 60, nor less than 30, days, thereafter; but a return of “no goods” may be made after 2 days from its date. (c) Process of execution shall be directed to a constable. Code 1852, §§  2108, 2109, 2117;  14 Del. Laws, c. 93;  Code 1915, §  4023;  40 Del. Laws, c. 237, §  1;  Code 1935, §  4509;  43 Del. Laws, c. 230;  10 Del. C. 1953, §  9554;  55 Del. Laws, c. 20, §  14;  70 Del. Laws, c. 232, §  5;  75 Del. Laws, c. 282, §  2;
10 DE Code § 9548. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 95. Procedure|Subchapter II. Civil Actions for Debt|§ 9548. Form of execution process.

§ 9548. Form of execution process. The form of execution process will be as prescribed by the Court and shall be issued in the manner provided by law. Code 1852, §§  2110-2112, 2116;  Code 1915, §  4023;  40 Del. Laws, c. 237, §  1;  Code 1935, §  4509;  43 Del. Laws, c. 230, §  1;  10 Del. C. 1953, §  9555;  55 Del. Laws, c. 20, §  15;  70 Del. Laws, c. 232, §  6;
10 DE Code § 9549. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 95. Procedure|Subchapter II. Civil Actions for Debt|§ 9549. Garnishees; time for appearance; pleadings.

§ 9549. Garnishees; time for appearance; pleadings. (a) The day fixed for the garnishees' appearance shall not be less than 5 days from the date, nor shall it be after the return day of the execution. (b) The garnishee summoned on any execution, or other attachment, shall be bound to plead, or answer, concerning any credits, money or rights arising from any agreement, or contract, for personal labor, hire or services of the defendant for which the garnishee is accountable to the defendant, after the garnishee is so summoned to answer and until the judgment with costs has been paid. Code 1852, §§  2113, 2114;  Code 1915, §  4023;  40 Del. Laws, c. 237, §  1;  Code 1935, §  4509;  43 Del. Laws, c. 230, §  1;  10 Del. C. 1953, §  9556;  60 Del. Laws, c. 619, §  1;  70 Del. Laws, c. 186, §  1;
10 DE Code § 9550. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 95. Procedure|Subchapter II. Civil Actions for Debt|§ 9550. Proceeding by garnishee charging collusion.

§ 9550. Proceeding by garnishee charging collusion. (a) Any person summoned to answer under an execution attachment as a garnishee of another, to whom such person is indebted in a sum exceeding the amount cognizable before a justice of the peace, or any creditor of such garnishee, may, with the answer or plea admitting or denying such indebtedness, require the justice of the peace to enter upon his or her docket a plea that such attachment process has been taken against such garnishee by collusion between the plaintiff and the defendant in the judgment upon which such execution attachment is or shall be issued, and for a claim not actually due from such defendant, or confessed, contracted, incurred, or made for the occasion, or upon a judgment upon a claim, or for a debt made by dividing or splitting up a claim or debt not primarily cognizable by reason of its amount before a justice of the peace, for the purpose of bringing the same under or within the jurisdiction of a justice or justices of the peace. (b) Upon such plea, as well as upon any plea of “nulla bona” entered in the cause, the justice shall enter an issue or issues, which shall be tried and determined as other cases cognizable before the justice. (c) If either of the issues is found for the defendant, the garnishee judgment shall be entered against the attaching creditor for the costs, otherwise, it shall be entered as in other cases. (d) Nothing in this section shall prevent the giving of a credit upon a claim, so as to reduce it to a sum within the jurisdiction of a justice of the peace. 14 Del. Laws, c. 92, §§  1, 4;  Code 1915, §  4024;  Code 1935, §  4510;  10 Del. C. 1953, §  9557;  70 Del. Laws, c. 186, §  1;