reglab/statecodes huggingface dataset:
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 95. PROCEDURE › Subchapter II. Civil Actions for Debt › § 9551. Appeal from proceeding by garnishee.

§ 9551. Appeal from proceeding by garnishee.
(a) In any proceeding under § 9550 of this title, either party may have an appeal, as in other cases.
(b) Any creditor of the garnishee, in case of judgment against the latter, may cause an appeal to be entered and carried on in the name of the garnishee upon special application to the justice in that behalf, upon becoming bound with surety to the satisfaction of the justice for the prosecution of the appeal, etc., as in other cases; in which case the garnishee shall be indemnified for all costs arising upon the appeal.
(c) Any creditor who makes a defense in the original proceedings before the justice shall likewise, before being admitted to defend, give security to the satisfaction of the justice for any legal costs which may be incurred in making such defense in case it proves unsuccessful.
(d) In the prosecution of the appeal in the Court of Common Pleas, any defense which might be made before the justice may be made before the Court.
14 Del. Laws, c. 92, §§  2, 3;  Code 1915, §  4024;  Code 1935, §  4510;  10 Del. C. 1953, §  9558;  69 Del. Laws, c. 423, §  6;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 95. PROCEDURE › Subchapter II. Civil Actions for Debt › § 9552. Time of binding of goods and chattels by execution; duration of lien.

§ 9552. Time of binding of goods and chattels by execution; duration of lien.
An execution shall not bind goods and chattels until it is delivered to the constable or other officer to be executed. An execution shall, from the time it is so delivered, bind all the goods and chattels of the defendant, within the bailiwick of such constable or other officer which are actually levied upon within 30 days thereafter. No levy upon goods and chattels, made by virtue of execution process, shall be of any force or effect as against a subsequent execution levied upon the same goods and chattels for a longer period than 3 years from the making of such first mentioned levy.
Code 1852, §  2122;  13 Del. Laws, c. 161, §§  1, 2;  Code 1915, §  4027;  Code 1935, §§  4511, 4513;  10 Del. C. 1953, §  9559;  70 Del. Laws, c. 232, §  7;  77 Del. Laws, c. 295, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 95. PROCEDURE › Subchapter II. Civil Actions for Debt › § 9553. Levy; inventory.

§ 9553. Levy; inventory.
(a) The goods and chattels seized by virtue of an execution issued by a Justice of the Peace Court shall be inventoried by the officer levying the same.
(b) The property which any debtor is entitled to have set apart under any exemption law of the State shall be set apart and delivered to the debtor at the time when the levy is made, in the manner provided by law if requested by the debtor pursuant to Chapter 49 of this title.
Code 1852, §  2122;  13 Del. Laws, c. 161, §  1;  14 Del. Laws, c. 555;  Code 1915, §  4027;  Code 1935, §  4511;  10 Del. C. 1953, §  9560;  70 Del. Laws, c. 232, §  8;  80 Del. Laws, c. 228, § 1;  82 Del. Laws, c. 204, § 5;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 95. PROCEDURE › Subchapter II. Civil Actions for Debt › § 9554. Sale of goods levied upon; advertisement.

§ 9554. Sale of goods levied upon; advertisement.
(a) The goods and chattels taken on execution issued by a Justice of the Peace Court shall not be sold until they are advertised for at least 10 days, in at least 5 of the most public places in the neighborhood, by advertisements setting forth the goods to be sold, and the day, hour and place of sale.
(b) One advertisement shall be delivered to every person whose goods are to be sold, and to the defendant's landlord, or to the landlord's agent if there is one residing within the county.
(c) One advertisement shall be delivered to the sheriff of the county.
(d) One such advertisement shall be delivered to each plaintiff in the execution, and also to each plaintiff in any other execution or executions at the time in the hands of the constable, or sheriff, or shall be left at the usual place of abode of such plaintiff, respectively, if there is such place of abode within the county.
(e) If any plaintiff in any such execution resides out of the county, the advertisement shall be transmitted to such plaintiff by mail, being enclosed and addressed to such plaintiff at the post office nearest such plaintiff's place of abode at least 10 days before the day of sale.
(f) The conduct of the sale shall be in accordance with Justice of the Peace Court rule or policy, which may include, but is not limited to, the establishment of a minimum bid or other requirements intended to ensure that the sale process is fair and reasonable to both the owner of the goods and the holder of the judgment.
Code 1852, §  2122;  13 Del. Laws, c. 161, §  1;  Code 1915, §  4027;  Code 1935, §  4511;  10 Del. C. 1953, §  9561;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 232, §  9;  80 Del. Laws, c. 228, § 2;  82 Del. Laws, c. 204, § 6;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 95. PROCEDURE › Subchapter II. Civil Actions for Debt › § 9555. Priority of liens.

§ 9555. Priority of liens.
If several executions against the same defendant are delivered on the same day, the first delivered shall have priority. If several executions against the same defendant are delivered together, they shall have priority according to their respective numbers.
70 Del. Laws, c. 232, §  10;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 95. PROCEDURE › Subchapter II. Civil Actions for Debt › § 9556. Duty of constable or sheriff upon receipt of execution; return of execution.

§ 9556. Duty of constable or sheriff upon receipt of execution; return of execution.
(a) A constable, or other officer, receiving an execution, shall, in a docket, set down the date of receiving it; and when several executions are delivered on the same day, the docket shall show the order in which they are received. The constable or other officer shall also endorse upon an execution, immediately on receiving it, the precise time the officer received delivery of the execution.
(b) The officer to whom an execution issued by a Justice of the Peace Court is delivered shall duly return it with a certificate of all the officer's proceedings, and a statement of the officer's fees, giving the items.
(c) If no levy is made, the reason shall be given.
(d) If the levy has been made, an inventory shall be returned, and shall state as whose property the goods and chattels were seized in execution.
(e) In case of a sale the list of the goods and chattels sold, with the amount thereof, shall be returned.
Code 1852, §  2128;  14 Del. Laws, c. 85;  Code 1915, §  4029;  Code 1935, §  4515;  10 Del. C. 1953, §  9563;  70 Del. Laws, c. 232, §  11;  82 Del. Laws, c. 204, § 7;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 95. PROCEDURE › Subchapter II. Civil Actions for Debt › § 9557. Venditioni exponas; issuance; requirements; effect.

§ 9557. Venditioni exponas; issuance; requirements; effect.
(a) If there has been a levy made, but no sale, then an execution of venditioni exponas shall be issued at the request of any party entitled to the judgment.
(b) A copy of the inventory shall accompany the return.
(c) The writ may be directed to the sheriff if the original execution was so directed.
(d) The issuing of a venditioni exponas shall not discharge the officer to whom the former execution was delivered, from any liability incurred by neglect, or default, in respect to it.
(e) After 1 execution of venditioni exponas has been issued, the defendant shall not be charged with any fees upon any further execution of venditioni exponas, and such fees shall be paid by the plaintiff.
(f) If the officer to whom the first writ for the sale of the goods is delivered, does not use due diligence and all proper means to effect a sale, the officer shall be charged with the amount of such execution as if the officer had returned a sale sufficient to satisfy the same.
(g) In effecting a sale of goods, the officer shall conduct the sale in a commercially reasonable manner, which may include, but is not limited to, personally auctioning the goods according to procedures established by the Justice of the Peace Court; offering the goods through a commercial auction house; or by providing for other auction services. In the event that the officer does not personally conduct the sale, all costs of the sale, except those provided for in Justice of the Peace Court rules, shall be deducted from the proceeds of the sale, or otherwise borne by the party requesting the sale.
Code 1852, §§  2129-2131;  Code 1915, §  4029;  Code 1935, §  4515;  10 Del. C. 1953, §  9564;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 239, §  1;  77 Del. Laws, c. 240, §  1;  82 Del. Laws, c. 204, § 8;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 95. PROCEDURE › Subchapter II. Civil Actions for Debt › § 9558. Form of venditioni exponas.

§ 9558. Form of venditioni exponas.
The venditioni exponas shall be in the following form:
“ County, ss. The State of Delaware.
To any constable, greeting:
We command you that after giving due notice, you sell, at public vendue, the goods and chattels specified in the schedule hereto annexed, for the purpose of satisfying a judgment recovered on the day of 20, before A. B., one of our justices of the peace, by C. D. against E. F. for the sum of on interest from the and the further sum of costs of suit, and fees on the former execution, and your fees on this process, or so much of said goods and chattels as shall be sufficient for said purposes, after discharging prior liens, if any, which goods and chattels have been levied on by virtue of an execution issued on the said judgment and dated the day of 20, and that you return this execution, and your doings hereon plainly set forth to , one of our justices of the peace aforesaid, on the day of
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Witness the hand and seal of the said Justice the ........ day of ........ A.D. 20....”
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L. S.
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Code 1852, §  2129;  Code 1915, §  4029;  Code 1935, §  4515;  10 Del. C. 1953, §  9565;  55 Del. Laws, c. 20, §  16;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 95. PROCEDURE › Subchapter II. Civil Actions for Debt › § 9560. Failure to pay over proceeds from execution.

§ 9560. Failure to pay over proceeds from execution.
If any sheriff, or constable, levies or receives any sum of money by virtue of an execution issued by a justice of the peace, and does not pay such proceeds on demand to the person entitled to receive them, he or she shall pay to such person at the rate of 20 percent per annum from the time of such demand, to be added to the sum so levied, or received, in any suit brought for its recovery.
Code 1852, §  2133;  Code 1915, §  4031;  Code 1935, §  4517;  10 Del. C. 1953, §  9567;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 95. PROCEDURE › Subchapter II. Civil Actions for Debt › § 9561. Failure on return to produce receipt of proceeds.

§ 9561. Failure on return to produce receipt of proceeds.
(a) If any constable, to whom an execution is delivered, does not, at or before the time it is returnable, produce the receipt of the party entitled to the benefit thereof, for the amount levied thereon, or makes an insufficient or a false return thereto, the justice shall, on request, issue a summons to a constable, or any other person, or to the sheriff, requiring the defaulting constable to appear before him or her at a time fixed, within 10 days thereafter, to show cause why an execution should not issue against him or her for the amount of the debt he or she was required by such execution to levy. The summons shall be served in the same way as an original summons.
(b) If the constable neglects to appear as required, or does not show sufficient cause why the execution should not issue against him or her, the justice shall, on proof of service of the summons, enter judgment against the constable for the amount of the debt he or she was required by such execution to levy, together with costs. There shall be no stay of execution on the judgment, and the justice shall, on request, issue an execution as in other cases.
(c) The remedy of this section is cumulative, and shall, in no manner, affect the responsibility of the constable or the constable's sureties on his or her official bond.
Code 1852, §§  2134-2136;  Code 1915, §  4032;  Code 1935, §  4518;  10 Del. C. 1953, §  9568;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 95. PROCEDURE › Subchapter II. Civil Actions for Debt › § 9562. Necessity of judgment and execution docket.

§ 9562. Necessity of judgment and execution docket.
There shall be a judgment and execution docket for each Justice of the Peace Court, the size, type and mode of said dockets to be as prescribed by the Chief Magistrate.
12 Del. Laws, c. 91;  Code 1915, §  4028;  Code 1935, §  4514;  10 Del. C. 1953, §  9569;  55 Del. Laws, c. 20, §  17;  55 Del. Laws, c. 85, §  32Y;  65 Del. Laws, c. 173, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 95. PROCEDURE › Subchapter II. Civil Actions for Debt › § 9563. Judgment docket.

§ 9563. Judgment docket.
Every justice of the peace shall make a fair entry, in a judgment docket, of every action commenced before him or her, therein setting down the names of the parties, the cause of action, the sum demanded, the day of issuing process and when it is returnable, the return, and in case of a “forthwith” summons the day of the return, every adjournment and the day to which the trial is adjourned, any setoff pleaded and the amount thereof, the names of the referees if any are appointed, the sum of the referees' report and for which party, the amount of the judgment and for which party, the costs regularly taxed, entries of bail, or of security, and the issuing of any execution, and the date thereof.
Code 1852, §  2124;  Code 1915, §  4028;  Code 1935, §  4514;  10 Del. C. 1953, §  9570;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 95. PROCEDURE › Subchapter II. Civil Actions for Debt › § 9564. Execution docket.

§ 9564. Execution docket.
Every justice of the peace shall make a fair entry of every execution issued by such justice of the peace, setting down the names of the parties, the day of issuing, and the day when it is returnable, the debt and the costs, how directed, and to whom delivered, and when returned, a copy of the return, and a note of any further proceedings.
Code 1852, §  2125;  Code 1915, §  4028;  Code 1935, §  4514;  10 Del. C. 1953, §  9571;  65 Del. Laws, c. 173, §  2;  70 Del. Laws, c. 186, §  1;  82 Del. Laws, c. 204, § 10;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 95. PROCEDURE › Subchapter II. Civil Actions for Debt › § 9565. Indexing of dockets.

§ 9565. Indexing of dockets.
The indexing of the judgment and execution dockets shall be as prescribed by the Chief Magistrate.
Code 1852, §  2126;  Code 1915, §  4028;  Code 1935, §  4514;  10 Del. C. 1953, §  9572;  65 Del. Laws, c. 173, §  3;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 95. PROCEDURE › Subchapter II. Civil Actions for Debt › § 9566. Entry of judgment satisfaction by justice.

§ 9566. Entry of judgment satisfaction by justice.
Whenever it appears by the return to, or the proceedings upon, any execution, that a judgment is satisfied, the justice, who has the judgment docket, shall make an entry of the satisfaction thereon, if such return or proceedings are before him or her.
Code 1852, §  2127;  Code 1915, §  4028;  Code 1935, §  4514;  10 Del. C. 1953, §  9573;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 95. PROCEDURE › Subchapter II. Civil Actions for Debt › § 9567. Entry of judgment satisfaction by creditor or execution officer.

§ 9567. Entry of judgment satisfaction by creditor or execution officer.
(a) The creditor in any judgment before a justice of the peace, receiving satisfaction thereof in any manner other than from an officer in pursuance of an execution, shall cause satisfaction of such judgment to be entered on the docket thereof within 90 days after receiving the same. Any officer receiving the amount of a judgment after the execution returned, so that the receipt does not appear by the return, shall, within 90 days after the receipt, cause the same to be entered upon the docket of the judgment, and of the execution.
(b) Whoever neglects the duty imposed by this section shall forfeit and pay to the debtor in the judgment, or the debtor's executors, or administrators, any sum not exceeding one-half the judgment determined in the case.
Code 1852, §  2176;  Code 1915, §  4050;  Code 1935, §  4537;  10 Del. C. 1953, §  9574;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 95. PROCEDURE › Subchapter II. Civil Actions for Debt › § 9569. Transfer of judgment to Superior Court; lien on real estate.

§ 9569. Transfer of judgment to Superior Court; lien on real estate.
(a) Judgments entered into the judgment docket in the Justice of the Peace Courts shall not constitute a lien upon real estate, but the judgment creditor may file a duly certified transcript of the docket entries of the judgment in the office of the prothonotary of the Superior Court in any or all of the 3 counties of the State and the prothonotary shall enter in his or her judgment docket the names of the parties, the amount of the judgment, the name of the court in which the judgment was recovered, the time from which interest runs and the amount of the costs, with the true date of filing and entry. The prothonotary, in his or her discretion, may allow transfer of judgments as provided in this subsection to be accomplished by electronic means.
(b) A judgment, transferred, as authorized by subsection (a) of this section, shall, from that date, become and be a lien on all the real estate of the debtor in the county, in the same manner and as fully as judgments rendered in the Superior Court are liens, and may be executed and enforced in the same way as judgments of that Court.
(c) If any judgment is lawfully assigned to a joint debtor, or surety, the assignee shall have the benefit of this section.
(d) Once a judgment has been transferred as provided in subsection (a) of this section, the Justice of the Peace Courts shall retain jurisdiction for purposes of all post-judgment proceedings with the exception of execution upon the judgment and/or the sale of real estate.
Code 1852, §  2137;  Code 1915, §  4033;  Code 1935, §  4520;  10 Del. C. 1953, §  9576;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 35, §§  1, 2;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 95. PROCEDURE › Subchapter II. Civil Actions for Debt › § 9570. Right to appeal.

§ 9570. Right to appeal.
(a) A party against whom a judgment is given by a justice of the peace may appeal to the Court of Common Pleas if the judgment is given without a referee trial, and the amount exceeds $5.00, exclusive of costs.
(b) A plaintiff or defendant, as the case may be, may appeal to the Court of Common Pleas on a judgment given by a justice of the peace if the judgment is given without a referee trial, and any part of the plaintiff's demand, or the defendant's counterclaim or setoff, exceeding $5.00 is disallowed or defalked.
Code 1852, §  2138;  11 Del. Laws, c. 225, §  2;  Code 1915, §  4034;  Code 1935, §  4521;  10 Del. C. 1953, §  9577;  58 Del. Laws, c. 194, §  7;  69 Del. Laws, c. 423, §  7;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 95. PROCEDURE › Subchapter II. Civil Actions for Debt › § 9571. Appeal in civil actions.

§ 9571. Appeal in civil actions.
(a) From any final order, ruling, decision or judgment of the Court in a civil action there shall be the right of appeal to the Court of Common Pleas of the State in the county in which said order, ruling, decision or judgment was rendered.
(b) The appeal shall be taken within 15 days of the final order, ruling, decision or judgment.
(c) The appeal shall be a trial de novo.
(d) The Court of Common Pleas shall establish appeal procedures and supersedeas bond requirements by rule.
Code 1852, §§  2139, 2141;  Code 1915, §  4035;  34 Del. Laws, c. 223, §  1;  Code 1935, §  4522;  10 Del. C. 1953, §  9578;  54 Del. Laws, c. 242;  65 Del. Laws, c. 40, §  1;  65 Del. Laws, c. 308, §  1;  68 Del. Laws, c. 53, §  4;  69 Del. Laws, c. 423, §  8;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 95. PROCEDURE › Subchapter II. Civil Actions for Debt › § 9572. Proceedings on appeal.

§ 9572. Proceedings on appeal.
(a) The appellant shall have the appellant's appeal entered in the Court of Common Pleas of the county where the judgment was given within the time and in the manner provided by the rules of that Court, and the Clerk of Court shall docket the action and issue process in accordance with the rules of the Court. When the appeal is entered, the Court of Common Pleas shall have jurisdiction and take cognizance thereof, and the pleadings and proceedings thereafter shall be as in other civil actions commenced in the Court, except as otherwise provided in this section.
(b) In the appeal each party may make demands against the other, and the Court or jury by its or their verdict may find a sum either for plaintiff, or defendant, but not for an amount exceeding $25,000, exclusive of interest and costs, unless such party has claimed more than that sum before the justice. Judgment shall be rendered accordingly.
(c) If a judgment is rendered against an appellant, or the appellant's executors or administrators, the Clerk of Court shall enter judgment against the sureties or their executors or administrators for the amount entered against the appellant, or the appellant's executors or administrators, and as a part of the same judgment. A judgment so entered shall from that date become a lien on all of the real estate of the surety in the county, in the same manner and as fully as other judgments rendered in the Court of Common Pleas are liens, and may be executed and enforced in the same way as other judgments in that Court.
(d) A surety or the surety's executors or administrators shall be entitled to the remedies provided in subchapter II of Chapter 77 of Title 18.
Code 1852, §§  2142, 2143;  11 Del. Laws, c. 225, §  2;  18 Del. Laws, c. 678, §  1;  Code 1915, §  4036;  35 Del. Laws, c. 222;  Code 1935, §  4523;  10 Del. C. 1953, §  9580;  55 Del. Laws, c. 297, §  7;  57 Del. Laws, c. 192, §  7;  65 Del. Laws, c. 30, §  2;  67 Del. Laws, c. 426, §  5;  68 Del. Laws, c. 53, §  5;  69 Del. Laws, c. 423, §§  9, 10;  69 Del. Laws, c. 425, §  5;  70 Del. Laws, c. 186, §  1;  83 Del. Laws, c. 37, § 40;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 95. PROCEDURE › Subchapter II. Civil Actions for Debt › § 9573. Execution upon striking of appeal.

§ 9573. Execution upon striking of appeal.
(a) Whenever an appeal is struck off, the justice shall, upon application of the creditor, issue execution upon the judgment with the costs on the appeal added, against both defendant and sureties, as is provided in §§ 9547 and 9548 of this title, respecting other sureties of record.
(b) If it appears by the return to such execution that no goods can be found sufficient to satisfy the same or any balance thereof exceeding $5.00, besides interest and costs, the appellee, or the appellee's executors or administrators may file a duly certified transcript of the docket entries of the judgment and execution with the prothonotary of the Superior Court in the county where such judgment was given. The prothonotary shall enter in the judgment docket the name of the party and sureties, the amount of the judgment, and by what justice rendered, the time from which interest runs, and the amount of the costs, with the true date of such filing and entry, and such judgment so transferred shall from that date become and be a lien on all the real estate of the debtor and the surety in the county, in the same manner and as fully as judgments rendered in the Superior Court are liens, and may be executed and enforced in the same way as judgments of the Court.
(c) Any joint debtor or surety shall be entitled to the remedies provided by subchapter II of Chapter 77 of Title 18.
Code 1852, §  2145;  11 Del. Laws, c. 225, §  2;  Code 1915, §  4037;  34 Del. Laws, c. 223, §  3;  Code 1935, §  4524;  10 Del. C. 1953, §  9581;  68 Del. Laws, c. 53, §  5;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 95. PROCEDURE › Subchapter II. Civil Actions for Debt › § 9574. Abatement and dismissal.

§ 9574. Abatement and dismissal.
(a) If an appellant does not duly enter the appellant's appeal in the Court of Common Pleas, it shall be abated; and on production of the prothonotary's certificate, under seal, made after the next term of the Court following the appeal, showing that it has not been regularly entered, the justice of the peace shall strike off the appeal.
(b) If after entering an appeal, the appellant neglects to prosecute it, or fails to comply with any rule, or makes other default, so that in a like case, in any other suit in Court, a nonsuit, non pros., or judgment by default would be entered, the Court shall dismiss the appeal, and remit the record to the justice, and give judgment for the respondent for costs; whereupon the justice shall strike off the appeal.
Code 1852, §  2144;  11 Del. Laws, c. 225, §  2;  Code 1915, §  4037;  34 Del. Laws, c. 223, §  3;  Code 1935, §  4524;  10 Del. C. 1953, §  9582;  68 Del. Laws, c. 53, §  5;  69 Del. Laws, c. 423, §  11;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 95. PROCEDURE › Subchapter II. Civil Actions for Debt › § 9576. Remedy against deceased surety; assignment of creditor's remedies to surety.

§ 9576. Remedy against deceased surety; assignment of creditor's remedies to surety.
(a) If a surety liable to execution dies before execution is issued, the creditor may proceed by scire facias upon such judgment and suretyship against the executors and administrators of such surety, and have judgment and execution as if the judgment had been a several judgment against such surety.
(b) A surety paying a judgment, or the surety's executors, or administrators, shall in every case be entitled to an assignment thereof, and to all remedies thereon, so far as to reimburse the surety, which the creditor could use against the principal, or any joint surety, or their executors or administrators.
Code 1852, §  2146;  Code 1915, §  4038;  Code 1935, §  4525;  10 Del. C. 1953, §  9583;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 95. PROCEDURE › Subchapter II. Civil Actions for Debt › § 9577. Forms.

§ 9577. Forms.
The form of a scire facias shall be as follows:
AGAINST EXECUTORS OR ADMINISTRATORS
“ County, ss. The State of Delaware,
To any constable, greeting:
We command you that you make known to A. B., administrator (or executor) of C. D., deceased, to appear before E. F., one of our justices of the peace, at said justice's office in , on the day of at o'clock in the to show, if there be any cause, why execution should not be had against the said A. B., administrator (or executor) as aforesaid, of a judgment recovered by against the said C. D., deceased, before one of our justices of the peace, on the day of , 20, for the sum of , with costs; and have you then there this warrant.
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Witness the hand and seal of the said Justice the ........ day of ........ A.D. 20....”
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AGAINST BAIL
“ County, ss. The State of Delaware,
To any constable, greeting:
We command you that you make known to A. B., bail of C. D., to appear before E. F., one of our justices of the peace, at said justice's office in on the day of , at o'clock in the , to show if there be any cause, why execution should not be had against C.D. as such bail, of a judgment recovered by G. H., against the aforesaid C. D., before , one of our justices of the peace, on the day of , 20, for the sum of with costs.
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Witness the hand and seal of the said Justice the ........ day of ........ A.D. 20....”
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AGAINST THE REPRESENTATIVES OF BAIL
“ County, ss. The State of Delaware,
To any constable, greeting:
We command you that you make known to A. B., administrator (or executor) of C. D., deceased, who was bail for , to appear before , one of our justices of the peace, at said justice's office in , on the day of at o'clock in the , to show if there be any cause why execution should not be had against the said A. B., administrator (or executor) as aforesaid of the said C. D., who was bail as aforesaid, of a judgment recovered by , against the aforesaid before one of our justices of the peace, on the day of 20, for the sum of , with costs, and have you then there this warrant.
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Witness the hand and seal of the said Justice the ........ day of ........ A.D. 20....”
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AGAINST THE REPRESENTATIVES OF A SURETY
Observe the form for use against the representatives of bail in all respects, except that where the word “bail” occurs, use the word “surety.”
Code 1852, §§  2147-2150;  Code 1915, §  4039;  Code 1935, §  4526;  10 Del. C. 1953, §  9584;  55 Del. Laws, c. 20, §  19;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 95. PROCEDURE › Subchapter II. Civil Actions for Debt › § 9578. Survival of actions; parties.

§ 9578. Survival of actions; parties.
(a) The death of a party shall not abate any action pending before a justice, or any appeal, or right of appeal, or any certiorari. If there are several plaintiffs, or defendants, and one dies, the action, or proceeding, may be prosecuted for, or against the survivor; and if the sole, or only remaining plaintiff, or defendant, dies, the executor, or administrator, of the deceased party, may become, or be made, a party to prosecute or defend.
(b) To make an executor, or administrator, of a defendant a party before the justice, a plaintiff must issue a summons in the usual form, adding after the words “is demanded,” the words “for which cause of action suit was commenced against the said . . . . . . . . . . . ., deceased, in his or her lifetime, and was pending at his or her death; to which the said . . . . . . . . . . . . executor (or administrator) is required to become a party.”
(c) The summons shall be returnable as other original summons; and on service made, the executor, or administrator, shall be made a party, and the same proceedings had as in other cases.
Code 1852, §§  2151, 2152;  Code 1915, §  4040;  Code 1935, §  4527;  10 Del. C. 1953, §  9585;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 95. PROCEDURE › Subchapter II. Civil Actions for Debt › § 9579. Issuance, service and return of writ; proceedings.

§ 9579. Issuance, service and return of writ; proceedings.
A scire facias may be issued by the justice rendering a judgment, or by any other justice, who has the record of such judgment, or a transcript thereof before such justice. It shall be issued, served and returned in the same way as an original summons, and similar proceedings may be had to judgment, execution and appeal, as in other cases; but there shall be no stay of execution on a judgment on scire facias, nor shall any proceedings against bail be affected hereby.
Code 1852, §  2153;  Code 1915, §  4041;  Code 1935, §  4528;  10 Del. C. 1953, §  9586;  55 Del. Laws, c. 20, §  20;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 95. PROCEDURE › Subchapter II. Civil Actions for Debt › § 9580. Endorsement and docketing; assignment of judgment.

§ 9580. Endorsement and docketing; assignment of judgment.
(a) The justice of the peace shall endorse on the scire facias the name of the party who has it issued, and his or her representative character, if he or she so sues, and the name of the person he or she represents, whether as executor, administrator, or assignee.
(b) The justice shall also enter in his or her docket the names of the parties, and their representative character, if either party sues or is sued as such, or as bail; the judgment, by whom rendered, when, and for how much; the names of the original parties; and a minute of the proceedings as in other cases.
(c) No assignment of a judgment shall authorize the assignee to proceed therein in his or her own name, except in the case of sureties or joint debtors, as provided in this subchapter.
Code 1852, §  2153;  Code 1915, §  4041;  Code 1935, §  4528;  10 Del. C. 1953, §  9587;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 95. PROCEDURE › Subchapter II. Civil Actions for Debt › § 9581. Revival of judgments.

§ 9581. Revival of judgments.
(a) No execution shall be issued on a judgment after the defendant's death; nor, except in the regular continuance of such process, after the lapse of 5 years from the time execution might first have issued; until the judgment is revived by scire facias. The writ of scire facias may be according to the form prescribed in this subchapter, with necessary variations. A judgment may be revived against the original defendant without service of the scire facias, as is provided in respect to bail, when no service can be made.
(b) No scire facias is necessary to make the representative, or assignee, of the plaintiff a party to such judgment; but the death, or assignment, being suggested on the record, the representative, or assignee, also named, shall become a party.
Code 1852, §§  2154, 2155;  Code 1915, §  4042;  Code 1935, §  4529;  10 Del. C. 1953, §  9588;  75 Del. Laws, c. 282, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 95. PROCEDURE › Subchapter II. Civil Actions for Debt › § 9582. Proceeding by attachment.

§ 9582. Proceeding by attachment.
In lieu of proceeding by summons in any civil action for debt brought before a justice of the peace, the proceeding may be by attachment, as provided by §§ 9583 and 9584 of this title and in the manner provided in such sections.
Code 1852, §  2156;  Code 1915, §  4043;  34 Del. Laws, c. 221, §  6;  Code 1935, §  4530;  10 Del. C. 1953, §  9589;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 95. PROCEDURE › Subchapter II. Civil Actions for Debt › § 9583. Issuance of writ; affidavit.

§ 9583. Issuance of writ; affidavit.
(a) A justice shall issue a writ of attachment on an affidavit made and filed by the plaintiff, or any credible person for the plaintiff, that the defendant is justly indebted to the plaintiff in a stated sum not exceeding $25,000, and any of the following apply:
(1) The defendant has absconded.
(2) The individual believes that the defendant is about to remove the defendant's person or the defendant's effects out of the State, with intent to defraud the defendant's creditors.
(3) The defendant intentionally conceals the defendant's person, so that process of summons cannot be served on the defendant.
(4) The defendant is a nonresident of the State.
(b) A justice must issue a writ of attachment if all of the following apply:
(1) The affidavit under subsection (a) of this section provides specific facts demonstrating the validity of the debt and for believing that a situation under paragraphs (a)(1) through (a)(4) of this section exists.
(2) The plaintiff provides, at the time of filing, a cash bond in the amount of $100.
(c) The cash bond under paragraph (b)(2) of this section is conditioned that if the suit is not prosecuted with effect, or if the judgment rendered in the suit is in favor of a defendant, the plaintiff will pay any and all costs which may be awarded to a defendant, together with any and all damages, not exceeding the amount of the bond, which a defendant in the suit may have sustained by reason of such attachment, the remainder, if any, to be returned to the plaintiff when judgment is rendered.
Code 1852, §  2156;  18 Del. Laws, c. 678, §  1;  Code 1915, §  4043;  34 Del. Laws, c. 221, §  6;  Code 1935, §  4530;  10 Del. C. 1953, §  9590;  55 Del. Laws, c. 297, §  8;  57 Del. Laws, c. 192, §  8;  65 Del. Laws, c. 30, §  3;  66 Del. Laws, c. 393, §  1;  67 Del. Laws, c. 426, §  6;  69 Del. Laws, c. 425, §  6;  70 Del. Laws, c. 186, §  1;  83 Del. Laws, c. 37, § 41;