reglab/housing_qa huggingface dataset:
10 DE Code § 5012. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 49. Executions|Subchapter VII. Writ of Possession|§ 5012. Rule to show cause; requirement.

§ 5012. Rule to show cause; requirement. The Court of Chancery, if the sale is by its order, or the court out of which the execution issued, if the sale is by virtue of an execution, upon application of the purchaser, and oath or affirmation by the purchaser, or some credible person for the purchaser, in writing, stating a proper case for the awarding of such writ, shall grant a rule upon the defendant, or defendants, owner or owners of the premises sold, and also upon the person in possession of the premises, if any person other than the defendant is in possession, to show cause, on a day in the rule specified, why a writ of possession shall not be awarded for putting the purchaser in possession of the premises. A writ of possession shall not be issued without such rule made absolute. Code 1852, §  2463;  12 Del. Laws, c. 324, §  2;  13 Del. Laws, c. 463;  Code 1915, §  4380;  Code 1935, §  4838;  10 Del. C. 1953, §  5012;  70 Del. Laws, c. 186, §  1;
10 DE Code § 5013. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 49. Executions|Subchapter VII. Writ of Possession|§ 5013. Time of applying for writ.

§ 5013. Time of applying for writ. A rule for a writ of possession may be granted in the Superior Court at the term of the return of the sale or at any one of the next 3 succeeding terms thereafter, and in the Court of Chancery within 1 year from the return of the sale. Code 1852, §  2464;  Code 1915, §  4381;  33 Del. Laws, c. 239;  Code 1935, §  4839;  10 Del. C. 1953, §  5013;
10 DE Code § 5014. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 49. Executions|Subchapter VII. Writ of Possession|§ 5014. Service of rule.

§ 5014. Service of rule. The rule referred to in § 5013 of this title shall be served at least 2 days before the expiration thereof. If the sheriff or other person who is attempting to serve the rule is unable to serve the rule upon the defendant personally, service may be made in such manner as the court by order may direct or in such manner as may be prescribed by a rule of court. Code 1852, §  2465;  Code 1915, §  4382;  Code 1935, §  4840;  10 Del. C. 1953, §  5014;
10 DE Code § 5015. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 49. Executions|Subchapter VII. Writ of Possession|§ 5015. Defendant as bona fide tenant.

§ 5015. Defendant as bona fide tenant. If the defendant is in possession bona fide as tenant under, or by possession of another, a writ of possession shall not be awarded. Code 1852, §  2466;  Code 1915, §  4383;  Code 1935, §  4841;  10 Del. C. 1953, §  5015;
10 DE Code § 5016. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 49. Executions|Subchapter VII. Writ of Possession|§ 5016. Defendant as joint owner.

§ 5016. Defendant as joint owner. If the defendant is owner of an undivided share, the writ of possession shall be restricted to such share; and any holder of another share, or such holder's tenant, shall not be removed, or further disturbed than by putting the purchaser into peaceable possession of the undivided share of the defendant. Code 1852, §  2467;  Code 1915, §  4384;  Code 1935, §  4842;  10 Del. C. 1953, §  5016;  70 Del. Laws, c. 186, §  1;
10 DE Code § 5017. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 49. Executions|Subchapter VII. Writ of Possession|§ 5017. Stay of execution of writ.

§ 5017. Stay of execution of writ. On making the rule for a writ of possession absolute, the court may direct a reasonable stay of execution. If the person in possession is a tenant, execution shall be stayed until the usual expiration of the year of tenants, according to the custom of letting in the place, or neighborhood, wherein the premises are situate. Code 1852, §  2468;  Code 1915, §  4385;  Code 1935, §  4843;  10 Del. C. 1953, §  5017;
10 DE Code § 5018. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 49. Executions|Subchapter VII. Writ of Possession|§ 5018. Form of writ.

§ 5018. Form of writ. (a) A writ of possession may be according to the following form:  “________________________________ County, ss. The State of Delaware, To the Sheriff of said County, greeting:  * * * *    *   *  We command you, that without delay you cause ________________________________________________________________ to have peaceable possession of (here insert description of the premises) which were lately sold by virtue of a writ of execution issued * L. S. * *   *    * * * *     out of our (here insert the style of the court) in the said County, returnable to ______________________ term, 20________, at the suit of ____________________ plaintiff vs. __________ defendant; and have this writ, with your doings thereon certified, at our said Court to be held at __________________., on ____________ day of ______________ next. Witness ____________________ at ____________________ the ____________________ day of ____________________ in the year of our Lord two thousand and ____________________ ________________________________________ Prothonotary.”  (b) If there is legal exception to the sheriff, the writ may be directed to the coroner. (c) If the sale is by order of the Court of Chancery, omit from the word “execution” to the word “defendant,” both inclusive, and instead thereof insert, “an order of our Court of Chancery, at ______________ in a certain cause between __________ plaintiff and __________ defendant.” The writ may be adapted to the case by any necessary variation in the form. Code 1852, §§  2469, 2470;  Code 1915, §  4386;  Code 1935, §  4844;  10 Del. C. 1953, §  5018;
10 DE Code § 5019. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 49. Executions|Subchapter VII. Writ of Possession|§ 5019. Effect of writ on title and on other remedies.

§ 5019. Effect of writ on title and on other remedies. Nothing contained in this subchapter shall deprive a purchaser of his or her remedy by a civil action in the nature of an action of ejectment, nor debar from such remedy a person removed from possession; and any proceedings under this subchapter, shall not be conclusive as to the title of either party. Code 1852, §  2471;  Code 1915, §  4387;  Code 1935, §  4845;  10 Del. C. 1953, §  5019;  70 Del. Laws, c. 186, §  1;
10 DE Code § 5031. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 49. Executions|Subchapter VIII. Attachment|§ 5031. Execution attachment.

§ 5031. Execution attachment. The plaintiff in any judgment in a court of record, or any person for such plaintiff lawfully authorized, may cause an attachment, as well as any other execution, to be issued thereon, containing an order for the summoning of garnishees, to be proceeded upon and returned as in cases of foreign attachment. The attachment, condemnation, or judgment thereon, shall be pleadable in bar by the garnishee in any action against the garnishee at the suit of the defendant in the attachment. Goods which are perishable, or will create a charge by keeping, may be sold on the order of a judge as in cases of foreign attachment. Code 1852, §  2472;  Code 1915, §  4388;  Code 1935, §  4846;  10 Del. C. 1953, §  5031;  70 Del. Laws, c. 186, §  1;
10 DE Code § 5032. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 49. Executions|Subchapter VIII. Attachment|§ 5032. Answer by garnishee.

§ 5032. Answer by garnishee. The answer of a garnishee in any execution attachment, at the option of the plaintiff therein, may be taken by affidavit before any person legally authorized to administer oaths. When so taken and filed with the writ of attachment it shall be docketed in the same manner and have the same effect as if taken in open court. The garnishee's mileage, in such cases, shall be counted from the garnishee's residence to the office of the person taking the garnishee's affidavit, and endorsed thereon. 16 Del. Laws, c. 539;  Code 1915, §  4389;  Code 1935, §  4847;  10 Del. C. 1953, §  5032;  70 Del. Laws, c. 186, §  1;
10 DE Code § 5041. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 49. Executions|Subchapter IX. Return of Execution|§ 5041. Fieri facias; time of return.

§ 5041. Fieri facias; time of return. Every fieri facias shall be actually returned by the sheriff to whom it was delivered before the rising of the court, to which it is returnable, on the second day after the return day mentioned in the writ, with the sheriff's certificate of what the sheriff has done thereon in usual and legal form. Code 1852, §  2473;  Code 1915, §  4390;  Code 1935, §  4848;  10 Del. C. 1953, §  5041;  70 Del. Laws, c. 186, §  1;
10 DE Code § 5042. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 49. Executions|Subchapter IX. Return of Execution|§ 5042. Inventory of unsold goods and chattels.

§ 5042. Inventory of unsold goods and chattels. Where the levy, or return, by virtue of a fieri facias has been of goods and chattels unsold at the return day, the sheriff shall annex to the writ an inventory of each article of such goods and chattels. Code 1852, §  2474;  Code 1915, §  4391;  Code 1935, §  4849;  10 Del. C. 1953, §  5042;  82 Del. Laws, c. 204, § 3;
10 DE Code § 5043. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 49. Executions|Subchapter IX. Return of Execution|§ 5043. Specification of lands seized or levied upon.

§ 5043. Specification of lands seized or levied upon. If there has been a levy, or seizure, of lands, the sheriff's return shall specify the principal improvements thereon; if any, as well as the known, or computed, quantity and situation thereof. Code 1852, §  2475;  Code 1915, §  4392;  Code 1935, §  4850;  10 Del. C. 1953, §  5043;
10 DE Code § 5044. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 49. Executions|Subchapter IX. Return of Execution|§ 5044. Specification of prior executions.

§ 5044. Specification of prior executions. (a) Where the levy, or seizure, is returned as made subject to prior execution, the sheriff or other officer shall, in the officer's endorsed, or annexed return, set forth as well the names of the plaintiffs in such prior executions as have come to the officer's hands, as the sums thereby to be levied. (b) When the sheriff or other officer, to whom an execution is directed, levies or receives the sum due thereon, or any part thereof, or obtains a settlement of the execution, such officer shall make return thereof, as provided by § 4755 of this title. (c) When such sheriff or other officer has sold real estate by virtue of execution process, such officer shall, in his or her return to such process, expressly show to what lien or liens the money arising from the sale has been applied, and how much has been applied to each lien, as provided by § 4756 of this title. Code 1852, §  2476;  Code 1915, §  4393;  Code 1935, §  4851;  10 Del. C. 1953, §  5044;  70 Del. Laws, c. 186, §  1;
10 DE Code § 5051. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 49. Executions|Subchapter X. Capias Ad Satisfaciendum|§ 5051. Issuance of writ.

§ 5051. Issuance of writ. (a) No writ of capias ad satisfaciendum shall be issued upon any judgment in a civil action against any person in this State, until a writ of fieri facias on the judgment has issued, and it appears from the return of such fieri facias, that the defendant therein has not either real, or personal property within the county sufficient to satisfy the debt, or damages in the fieri facias expressed; or until the plaintiff in such judgment, or some credible person for the plaintiff, makes a written affidavit, to be filed in the prothonotary's office before the issuing of the writ, stating that he or she verily believes that the defendant has not either real, or personal, estate sufficient to satisfy the debt, interest and costs contained in such judgment. (b) Any writ of capias ad satisfaciendum issued, contrary to the provision in subsection (a) of this section shall be void, and the plaintiff obtaining such writ shall be liable to all the costs of the same. Code 1852, §§  2478, 2479;  12 Del. Laws, c. 30;  Code 1915, §  4395;  Code 1935, §  4853;  10 Del. C. 1953, §  5051;  70 Del. Laws, c. 186, §  1;
10 DE Code § 5052. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 49. Executions|Subchapter X. Capias Ad Satisfaciendum|§ 5052. Plaintiff's affidavit of fraud; exceptions from requirement.

§ 5052. Plaintiff's affidavit of fraud; exceptions from requirement. (a) No writ of capias ad satisfaciendum shall be issued out of any court of this State upon a judgment in a civil action, against any person in this State, nor shall any such person be imprisoned for the nonperformance of a judgment rendered in any court for the payment of money, until the plaintiff in such judgment, or the party in whose favor the judgment rendered shall be, or some credible person for the plaintiff, shall, in addition to the requirement of § 5051 of this title make a written affidavit, to be filed in the office of the prothonotary or the Register in Chancery, as the case may be, before the issuing of the process, stating that the defendant in such judgment 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, stocks, securities for money, or other real, or personal estate, of the value of more than $50, with intent to defraud his or her creditors; and shall moreover, in such affidavit, specify and set forth the supposed fraudulent transactions. (b) Any writ of capias ad satisfaciendum, issued contrary to the provision of subsection (a) of this section, shall be void, and the plaintiff obtaining such writ shall be liable to all the costs of the same. (c) The provisions of this section shall not apply to any person imprisoned by authority of the United States, nor to any other than execution, or final process, or commitment, for debt, or damages, or costs, of a civil action, or nonperformance of a judgment rendered for the payment of money. Code 1852, §§  2480, 2481, 2483;  11 Del. Laws, c. 225, §  3;  11 Del. Laws, c. 606;  12 Del. Laws, c. 30;  Code 1915, §§  4396, 4398;  Code 1935, §§  4854, 4856;  10 Del. C. 1953, §  5052;  70 Del. Laws, c. 186, §  1;
10 DE Code § 5053. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 49. Executions|Subchapter X. Capias Ad Satisfaciendum|§ 5053. Motion denying fraud; disposition.

§ 5053. Motion denying fraud; disposition. The court in which the affidavit referred to in § 5052 of this title is filed shall, upon motion of the person arrested, and reasonable notice in writing to the party in whose favor the process issued, or such party's attorney, investigate the specifications of fraud in an affidavit made under § 5052 of this title; and, upon such investigation, may discharge the movant from imprisonment, or the movant for trial not later than the next term of the court of the county wherein the process issued, upon a denial, in the motion, of the specifications of fraud, or may make such order in the premises as the court deems just and proper. In the Superior Court, the trial referred to in this section shall be by the Court unless a trial by jury is demanded by the movant. Code 1852, §  2482;  11 Del. Laws, c. 505;  Code 1915, §  4397;  Code 1935, §  4855;  10 Del. C. 1953, §  5053;  70 Del. Laws, c. 186, §  1;
10 DE Code § 5062. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 49. Executions|Subchapter XI. Scire Facias on Mortgage|§ 5062. Land divided by county line; venue of action.

§ 5062. Land divided by county line; venue of action. Whenever the dividing line between any 2 counties of this State runs through a tract of land conveyed in mortgage, a writ of scire facias may be sued out in either county in which any part of such tract is situated, directed to the sheriff of the county in which such writ is sued out. The sheriff may make service of the writ, notwithstanding any person or persons liable to such service in and residing in this State may live outside the sheriff's bailiwick. The Superior Court of the county wherein such action is brought may give definitive judgment upon such scire facias with the same effect as if the lands lay wholly within such county. 18 Del. Laws, c. 221;  Code 1915, §  4400;  Code 1935, §  4858;  10 Del. C. 1953, §  5062;  70 Del. Laws, c. 186, §  1;
10 DE Code § 5062D. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 49. Executions|Subchapter XI. Scire Facias on Mortgage|§ 5062D. Complaints and answers [Expires Jan. 1, 2025, under the terms of subsection (e) of this section].

§ 5062D. Complaints and answers [Expires Jan. 1, 2025, under the terms of subsection (e) of this section]. (a) A complaint to foreclose a mortgage in an action subject to this chapter shall contain a statement as to whether the mortgage foreclosure action is subject to the Automatic Residential Mortgage Foreclosure Mediation Program and, where it is not subject to the Automatic Residential Mortgage Foreclosure Mediation Program, a statement of the reason why it is not subject to that program. (b) In an action subject to the Automatic Residential Mortgage Foreclosure Mediation Program, in addition to any other requirements set forth in the Delaware Code or by the Superior Court, a complaint to foreclose the mortgage shall be accompanied by:  (1) If applicable, an affidavit stating that the notice of intent to foreclose was sent to the borrower(s) in accordance with § 5062B(a)(3) of this title and the date of said notice; (2) A statement of the debt remaining due and payable supported by an affidavit of the plaintiff or the mortgage holder or the agent or attorney of the plaintiff or mortgage holder; and (3) The notice of foreclosure mediation described under § 5062C(c)(2) of this title, which notice shall be attached to the front of the copy of the complaint served on the defendant. (c) Notwithstanding any provisions of the Delaware Code to the contrary, no answer to a complaint in a mortgage foreclosure action subject to the Automatic Residential Mortgage Foreclosure Mediation Program shall be deemed untimely if it is filed on or before the date of any scheduled mediation conference. (d) This section applies to mortgage foreclosure actions commenced on or after January 19, 2012, and before January 1, 2025. (e) This section expires on January 1, 2025, unless terminated sooner or extended by the General Assembly.  78 Del. Laws, c. 200, §  2;  79 Del. Laws, c. 27, §  9;  82 Del. Laws, c. 30, § 6;
10 DE Code § 5063. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 49. Executions|Subchapter XI. Scire Facias on Mortgage|§ 5063. Judgment upon default.

§ 5063. Judgment upon default. If the defendant fails to appear at the return day of the scire facias, definitive judgment therein, as well as all other judgments to be given upon such scire facias, shall be entered that the plaintiff have execution by levari facias directed to the proper officer. Code 1852, §  2486;  Code 1915, §  4402;  Code 1935, §  4860;  10 Del. C. 1953, §  5063;
10 DE Code § 5064. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 49. Executions|Subchapter XI. Scire Facias on Mortgage|§ 5064. Award of levari facias when county line divides land.

§ 5064. Award of levari facias when county line divides land. The writ of levari facias awarded upon any judgment for the sale of any such tract, as mentioned in § 5062 of this title, shall be directed to the sheriff of the county wherein the judgment was given. The sheriff shall proceed in the same manner as is prescribed in other cases of the sale of lands upon such execution process, and may on the writ sell the tract of land in the whole, and altogether at one and the same time, and make return thereof to the court out of which the writ is issued. Upon confirmation of such sale by the court the sheriff shall make a deed to the purchaser conveying the whole as fully as if the same had been wholly situated in his or her bailiwick. Any deed so made shall be recorded in each of the counties in which the land is situated. Notice of any such sale shall be set up in at least 5 of the most public places in each of the hundreds in which the land or any part thereof is located. 18 Del. Laws, c. 221;  Code 1915, §  4403;  Code 1935, §  4861;  10 Del. C. 1953, §  5064;  70 Del. Laws, c. 186, §  1;
10 DE Code § 5065. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 49. Executions|Subchapter XI. Scire Facias on Mortgage|§ 5065. Procedure after award of levari facias.

§ 5065. Procedure after award of levari facias. Under a levari facias, awarded as described in this subchapter, the mortgaged premises shall be taken in execution, and after notice given in the same manner as in other cases of the sale of lands upon execution process, shall be exposed to public sale, and upon such sale and confirmation thereof, shall be conveyed by deed to the purchaser; or if there be no sale for want of bidders, return shall be made accordingly, and thereupon a liberari facias may issue and be executed in the same manner, and with like effect, as provided in other cases of the sale of lands upon execution process. Code 1852, §  2487;  Code 1915, §  4404;  Code 1935, §  4862;  10 Del. C. 1953, §  5065;
10 DE Code § 5066. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 49. Executions|Subchapter XI. Scire Facias on Mortgage|§ 5066. Title of purchaser.

§ 5066. Title of purchaser. The person to whom any lands and tenements shall be sold, or delivered, under § 5065 of this title, and such person's heirs and assigns, shall hold the same, with their appurtenances, for such estate, or estates, as they were sold, or delivered for, discharged from all equity or redemption, and all other incumbrances made and suffered by the mortgagor, the mortgagor's heirs, or assigns; and such sale shall be available in law. Such sale, or delivery, shall not create any further term, or estate, to the vendees, mortgagees, or creditors, than the lands and tenements were mortgaged for. Code 1852, §  2488;  Code 1915, §  4405;  Code 1935, §  4863;  10 Del. C. 1953, §  5066;  70 Del. Laws, c. 186, §  1;
10 DE Code § 5067. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 49. Executions|Subchapter XI. Scire Facias on Mortgage|§ 5067. Disposition of surplus from sale proceeds.

§ 5067. Disposition of surplus from sale proceeds. Any surplus of the proceeds of sale of mortgaged premises, after satisfying the principal debt in the mortgage, with interest and costs, shall be rendered to the owner of the premises at the time of sale. Until the surplus is so rendered, the officer making the sale shall not be discharged upon the record of the court to which the sale is returnable. Code 1852, §  2489;  Code 1915, §  4406;  Code 1935, §  4864;  10 Del. C. 1953, §  5067;
10 DE Code § 5071. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 49. Executions|Subchapter XII. Scire Facias on Judgments|§ 5071. Issuance for execution on judgments and recognizances; parties.

§ 5071. Issuance for execution on judgments and recognizances; parties. A writ of scire facias may be sued upon a judgment in a personal, or mixed action, as well as upon a judgment in a real action, as also upon all recognizances, to obtain execution of such judgment, or recognizances. Such writ may be sued by and against the parties to the judgment, or recognizance, and also by and against any other persons entitled, or liable, to the execution thereof, whether as executors, administrators, heirs, terre tenants, or otherwise. Code 1852, §  2490;  Code 1915, §  4407;  Code 1935, §  4865;  10 Del. C. 1953, §  5071;