reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 49. EXECUTIONS › Subchapter V. Sale Under Execution › § 4986. Payment into court of unclaimed proceeds from execution sale; disposition by court.

§ 4986. Payment into court of unclaimed proceeds from execution sale; disposition by court.
Whenever the sheriff or any other officer cannot pay over the proceeds from sale under execution process because the person or persons entitled to the same or any part thereof is or are absent from the State, unknown or incompetent to receive the same or where there is any lien by mortgage, judgment or recognizance (not being the first) against the defendant, or some one or more of them, if there is more than 1, in the process referred to in § 4985 of this title, with condition other than for the payment of money, or for the payment of money as or in the nature of an annuity, or for the payment of interest to 1 or more persons during their lifetime and the principal at their death to some other person or persons, or otherwise, such proceeds from sale under execution process that cannot be paid over because the person or persons entitled to some or any part thereof is or are absent from the State, unknown or incompetent to receive the same, and such part of the proceeds of sale as shall be legally applicable to any such lien as set out above shall be paid into the court, out of which the process issued, and shall be invested by the court, or otherwise disposed of for the benefit of the parties interested, as shall be just and proper under the circumstances. Such payment into court shall discharge the officer selling the property from all liability for the money so paid.
14 Del. Laws, c. 94, §  2;  19 Del. Laws, c. 780;  Code 1915, §  4374;  Code 1935, §  4832;  10 Del. C. 1953, §  4986;  50 Del. Laws, c. 263, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 49. EXECUTIONS › Subchapter V. Sale Under Execution › § 4987. Sheriff's record of sale proceeds.

§ 4987. Sheriff's record of sale proceeds.
The sheriff shall, in proper books, keep a record of the disposition of all moneys arising from the sale of property under execution process, when the same is applicable otherwise than to executions in the sheriff's hands, as provided in § 2106 of this title.
16 Del. Laws, c. 144;  Code 1915, §  4375;  Code 1935, §  4833;  10 Del. C. 1953, §  4987;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 49. EXECUTIONS › Subchapter VI. Liberari Facias › § 5001. Awarding of writ.

§ 5001. Awarding of writ.
If lands and tenements, exposed to sale by virtue of execution process, cannot be sold for want of buyers, the sheriff, or officer, shall make return upon the writ accordingly. Such return shall not make the officer liable for the debt or damages contained in the writ; but a writ of liberari facias shall be awarded and directed to the proper officer, commanding that officer to deliver to the plaintiff such part, or parts, of the premises as shall satisfy the plaintiff's debt, or damages, with interest and costs, according to the valuation of 12 individuals, to hold to the plaintiff as the plaintiff's free tenement, in satisfaction of the plaintiff's debt, damages and costs, or so much thereof as the premises, by the valuation of 12 individuals will amount to.
Code 1852, §  2459;  Code 1915, §  4376;  Code 1935, §  4834;  10 Del. C. 1953, §  5001;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 49. EXECUTIONS › Subchapter VI. Liberari Facias › § 5002. Execution for residue of debt.

§ 5002. Execution for residue of debt.
If lands delivered upon a liberari facias under § 5001 of this title fall short, according to the valuation, of satisfying the whole debt, damages and costs for which they are delivered, the plaintiff may have execution for the residue as in other cases.
Code 1852, §  2460;  Code 1915, §  4377;  Code 1935, §  4835;  10 Del. C. 1953, §  5002;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 49. EXECUTIONS › Subchapter VI. Liberari Facias › § 5003. Title under execution and return of writ.

§ 5003. Title under execution and return of writ.
The execution and return of a writ of liberari facias shall, without deed, or other act, pass to the party to whom the lands are delivered, the same title and estate therein which is taken by a purchaser of lands sold under execution process, and conveyed by deed from the sheriff, or officer selling the same.
Code 1852, §  2461;  Code 1915, §  4378;  Code 1935, §  4836;  10 Del. C. 1953, §  5003;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 49. EXECUTIONS › Subchapter VII. Writ of Possession › § 5011. Awarding of writ.

§ 5011. Awarding of writ.
(a) If lands and tenements are sold by order of the Court of Chancery, or by virtue of execution process, and the defendant, or 1 or more defendants, or any person holding as tenant under such defendant, or defendants, by lease, or contract, posterior to such order, or to the date of the judgment whereon such execution was issued, is in possession of the premises sold; or if such defendant, or defendants, have died in possession of the premises sold within 1 year next preceding the day of sale, and the person in possession either has come into possession after such defendant, or defendants, and by means of his or her or their possession, or holds under, or through a person so coming into possession, the purchaser may have a writ of possession awarded, pursuant to such sale.
(b) In the event of a judicial sale at law or equity under and by virtue of the foreclosure of any mortgage, or execution upon a mechanic's lien, the purchaser at the judicial sale may have a writ of possession awarded against any person in possession of the real estate so sold, provided the rights of such person in possession arose posterior to the date of the mortgage, or the effective date of the mechanic's lien.
Code 1852, §  2462;  12 Del. Laws, c. 324, §  1;  13 Del. Laws, c. 463;  Code 1915, §  4379;  Code 1935, §  4837;  42 Del. Laws, c. 153;  10 Del. C. 1953, §  5011;  70 Del. Laws, c. 186, §  1;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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 a local law-enforcement officer.
(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;  84 Del. Laws, c. 117, § 11;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 49. EXECUTIONS › Subchapter XII. Scire Facias on Judgments › § 5072. Execution on judgments in civil actions.

§ 5072. Execution on judgments in civil actions.
(a) An execution may be issued upon a judgment in a civil action at any time within 5 years from the time when such judgment was entered or rendered, or from the time when such judgment became due; or to collect any instalment of a judgment within 5 years from the time when such instalment fell due.
This section shall only apply to cases when no execution has been previously issued to collect such judgment or instalment, and to cases where 1 or more have been issued for such purpose, and it appears by the return of the officer that such judgment or instalment, as the case may be, has not been paid or satisfied. As to all other cases the law shall remain unaffected.
(b) No judgment shall be deemed to be paid or satisfied, in whole or in part, by a levy on execution process, unless it appears otherwise than by the fact of such levy that such payment or satisfaction has been made.
11 Del. Laws, c. 451;  Code 1915, §  4408;  Code 1935, §  4866;  10 Del. C. 1953, §  5072;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 49. EXECUTIONS › Subchapter XII. Scire Facias on Judgments › § 5073. Execution on judgments of the Court of Common Pleas or justices of the peace.

§ 5073. Execution on judgments of the Court of Common Pleas or justices of the peace.
An execution may be issued upon a judgment recovered before the Court of Common Pleas or a justice of the peace, and of which a transcript has been filed and entered in the Superior Court, or on a judgment upon an appeal from the Court of Common Pleas or a justice of the peace, at any time within 5 years from entering the transcript, or giving the judgment on appeal, without scire facias, unless it is necessary to make a party defendant. A party plaintiff may be made by suggesting the facts and stating the proper party on the record, without scire facias, and the proceeding shall be in the name of the proper party so stated.
Code 1852, §  2491;  Code 1915, §  4409;  Code 1935, §  4867;  10 Del. C. 1953, §  5073;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 49. EXECUTIONS › Subchapter XIII. Lien of Execution › § 5081. Time of binding of goods and chattels by execution; duration of lien.

§ 5081. 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 sheriff or other proper 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, which shall be actually levied upon within 60 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, §§  2492, 2493;  12 Del. Laws, c. 207;  Code 1915, §  4410;  Code 1935, §  4868;  10 Del. C. 1953, §  5081;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 49. EXECUTIONS › Subchapter XIII. Lien of Execution › § 5082. Priority of liens.

§ 5082. 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.
Code 1852, §  2494;  Code 1915, §  4411;  Code 1935, §  4869;  10 Del. C. 1953, §  5082;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 49. EXECUTIONS › Subchapter XIII. Lien of Execution › § 5083. Endorsing of date on writ.

§ 5083. Endorsing of date on writ.
The prothonotary, issuing an execution, shall endorse thereon the date of its issue.
Code 1852, §  2495;  Code 1915, §  4412;  Code 1935, §  4870;  10 Del. C. 1953, §  5083;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 49. EXECUTIONS › Subchapter XIII. Lien of Execution › § 5084. Duty of sheriff upon receipt of execution.

§ 5084. Duty of sheriff upon receipt of execution.
The sheriff, 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. Such officer shall also endorse upon an execution, immediately on receiving it, the precise time of its delivery to him or her.
Code 1852, §  2496;  Code 1915, §  4413;  Code 1935, §  4871;  10 Del. C. 1953, §  5084;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 49. EXECUTIONS › Subchapter XIII. Lien of Execution › § 5085. Applicability to executions by the Court of Common Pleas or justices of the peace.

§ 5085. Applicability to executions by the Court of Common Pleas or justices of the peace.
The provisions of this subchapter shall not apply to executions issued by the Court of Common Pleas or justices of the peace.
Code 1852, §  2497;  Code 1915, §  4414;  Code 1935, §  4872;  10 Del. C. 1953, §  5085;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 49. EXECUTIONS › Subchapter XIV. Miscellaneous Provisions › § 5091. Execution on judgment for penalty.

§ 5091. Execution on judgment for penalty.
When an execution is issued upon a judgment for a penalty, the officer issuing it shall endorse thereon the real debt and the time from which interest is to be calculated.
Code 1852, §  2498;  Code 1915, §  4415;  Code 1935, §  4873;  10 Del. C. 1953, §  5091;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 49. EXECUTIONS › Subchapter XIV. Miscellaneous Provisions › § 5092. Death or escape of party arrested or imprisoned.

§ 5092. Death or escape of party arrested or imprisoned.
If a person arrested, or imprisoned, by virtue of an execution, dies in execution, or escape, in either case the arrest, or imprisonment, shall be no satisfaction of the judgment, on which the execution is issued; and the execution shall be held to be in no part executed by such arrest, or imprisonment.
Code 1852, §  2499;  Code 1915, §  4416;  Code 1935, §  4874;  10 Del. C. 1953, §  5092;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 49. EXECUTIONS › Subchapter XIV. Miscellaneous Provisions › § 5093. Liability of officer for escape; action against officer.

§ 5093. Liability of officer for escape; action against officer.
If a person arrested, or imprisoned, by virtue of an execution, be suffered to escape, the sheriff, constable, or other officer having the custody of such person at the time of the person's escape, shall be answerable for the full amount payable according to the execution. The person at whose suit the execution was issued, or for whose use it is endorsed, or such person's executors, or administrators, shall have a civil action therefor, against such sheriff, constable, or other officer, or such officer's executors, or administrators. The nonpayment of the amount shall be a breach of the condition of the official recognizance, or obligation, of such sheriff, constable, or officer.
Code 1852, §  2500;  Code 1915, §  4417;  Code 1935, §  4875;  10 Del. C. 1953, §  5093;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 49. EXECUTIONS › Subchapter XIV. Miscellaneous Provisions › § 5094. Restitution on reversal of judgment after sale of real estate.

§ 5094. Restitution on reversal of judgment after sale of real estate.
If, after the sale of real estate upon execution process, the judgment upon which such writ is awarded shall be reversed for error, the real estate, so sold, shall not be restored, nor any part thereof, nor shall the sale thereof be avoided; but in such case, restitution only of the money for which such lands may be sold, shall be made.
Code 1852, §  2501;  Code 1915, §  4418;  Code 1935, §  4876;  10 Del. C. 1953, §  5094;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 49. EXECUTIONS › Subchapter XIV. Miscellaneous Provisions › § 5095. Mistaken identity of judgment debtor.

§ 5095. Mistaken identity of judgment debtor.
Where a judgment is entered upon the wrong person by any court by reason of mistaken identity, that person shall at any time after the entry be permitted to petition the court that entered the judgment to challenge the validity of the judgment entered against him or her. If the court determines that a judgment against such person was erroneously entered, the court shall issue an order correcting the error in whatever manner it deems appropriate to correct the mistake, including the release of any liens against real estate and personal property.
72 Del. Laws, c. 78, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 51. COSTS › § 5101. Defendant or prevailing party in law actions.

§ 5101. Defendant or prevailing party in law actions.
In a court of law, whether of original jurisdiction or of error, upon a voluntary or involuntary discontinuance or dismissal of the action, there shall be judgment for costs for the defendant. Generally a party for whom final judgment in any civil action, or on a writ of error upon a judgment is given in such action, shall recover, against the adverse party, costs of suit, to be awarded by the court.
Code 1852, §  2525;  Code 1915, §  4444;  Code 1935, §  4902;  10 Del. C. 1953, §  5101;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 51. COSTS › § 5102. Civil actions where defendant resides in another county.

§ 5102. Civil actions where defendant resides in another county.
Wherever suit is brought in any civil action, excepting action where the venue is by law local, against any citizen of this State, in any other county than that wherein such citizens resides at the time of the inception thereof, the plaintiff shall not recover costs and such costs shall not be payable by the defendant nor collectible by execution process.
17 Del. Laws, c. 623, §  1;  Code 1915, §  4445;  Code 1935, §  4903;  10 Del. C. 1953, §  5102;  64 Del. Laws, c. 274, §  1;  65 Del. Laws, c. 42, §  2;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 17, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 51. COSTS › § 5103. Writs of prohibition or mandamus.

§ 5103. Writs of prohibition or mandamus.
In all cases of writs of prohibition or of writs of mandamus, the costs of each case shall be taxed by the court having jurisdiction of the cause, as it deems equitable and just.
21 Del. Laws, c. 306;  Code 1915, §  4446;  Code 1935, §  4904;  10 Del. C. 1953, §  5103;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 51. COSTS › § 5104. Actions in name of State.

§ 5104. Actions in name of State.
If final judgment is given for the defendant in a civil action, which is in the name of the State for the use of any person or corporation, judgment for costs shall be given against such person or corporation.
Code 1852, §  2526;  Code 1915, §  4447;  Code 1935, §  4905;  10 Del. C. 1953, §  5104;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 51. COSTS › § 5105. Cases not specially provided for.

§ 5105. Cases not specially provided for.
Concerning costs on petitions, motions, rules and interlocutory matters not specially provided for, the court shall make such order in each case as it deems proper.
Code 1852, §  2527;  Code 1915, §  4448;  Code 1935, §  4906;  10 Del. C. 1953, §  5105;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 51. COSTS › § 5106. Actions in Court of Chancery.

§ 5106. Actions in Court of Chancery.
The Court of Chancery shall make such order concerning costs in every case as is agreeable to equity.
Code 1852, §  2528;  Code 1915, §  4449;  Code 1935, §  4907;  10 Del. C. 1953, §  5106;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 51. COSTS › § 5107. Affirmance of judgment by Supreme Court.

§ 5107. Affirmance of judgment by Supreme Court.
Upon affirmance of a judgment in the Supreme Court, the costs of the defendant in error or appellee shall be added, by way of increase, to his or her costs in the first judgment, and be a part of the judgment. The amount may be stated accordingly in the process and pleadings.
Code 1852, §  2529;  Code 1915, §  4450;  Code 1935, §  4908;  10 Del. C. 1953, §  5107;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 51. COSTS › § 5108. Proceedings out of court.

§ 5108. Proceedings out of court.
In any proceeding before a judge, the Chancellor, or Vice-Chancellor, out of court, there may be allowed for the service of process or the attendance of witnesses a reasonable fee, not exceeding what is allowable for like service or attendance in proceedings before a justice of the peace. The judge, Chancellor, or Vice-Chancellor may make such order for the payment thereof as he or she considers just, and enforce obedience by attachment.
Code 1852, §  2530;  Code 1915, §  4451;  Code 1935, §  4909;  10 Del. C. 1953, §  5108;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 51. COSTS › § 5109. Cases within jurisdiction of justice of the peace brought in Superior Court.

§ 5109. Cases within jurisdiction of justice of the peace brought in Superior Court.
If any person brings a suit in the Superior Court upon a cause of action cognizable before a justice of the peace under § 9301 of this title and recovers not more than $50, besides costs, such person shall not recover costs; unless he or she or some credible person has previously filed in the office of the prothonotary a written affidavit to the effect that the plaintiff has a just cause of action against the defendant exceeding in amount $50.
Code 1852, §  2531;  Code 1915, §  4452;  Code 1935, §  4910;  10 Del. C. 1953, §  5109;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 51. COSTS › § 5110. Appeals from justice of the peace.

§ 5110. Appeals from justice of the peace.
(a) Upon an appeal from a justice of the peace, the party recovering judgment on the appeal, shall, as a part of the judgment, recover such party's costs, as well as those before the justice as those upon the appeal, subject to the provisions of subsections (b) and (c) of this section.
(b) If a party appealing from a justice of the peace on the special ground of the party's demand or a part thereof being disallowed, shall not establish a demand exceeding what was allowed to the party before the justice by at least the smallest sum for the disallowance whereof the party had the right of appeal, the party shall not recover his or her costs on the appeal, and shall pay the appellee's costs on the appeal.
(c) If a party appealing on the ground referred to in subsection (b) of this section establishes a demand exceeding what was allowed to such party before the justice by such smallest sum, then the appellee, although there may be still a sum due to him or her, shall recover no costs on the appeal.
Code 1852, §§  2532-2534;  Code 1915, §§  4453-4455;  Code 1935, §§  4911-4913;  10 Del. C. 1953, §  5110;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 51. COSTS › § 5111. Certiorari to justice of the peace.

§ 5111. Certiorari to justice of the peace.
If upon a certiorari, a judgment, given by a justice, is reversed, the plaintiff in the certiorari shall recover his or her costs. If such judgment is affirmed, costs shall be awarded to the defendant in the certiorari, except where the only exception being to the execution below, such exception is allowed; in which case, the plaintiff in the certiorari shall recover costs.
Code 1852, §  2535;  Code 1915, §  4456;  Code 1935, §  4914;  10 Del. C. 1953, §  5111;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 51. COSTS › § 5112. Bill of costs, time for entry upon docket.

§ 5112. Bill of costs, time for entry upon docket.
Within 20 days after the rendering of judgment or other determination of any cause or action in the Supreme Court, Superior Court, or Court of Chancery, the clerk, prothonotary, or register of the court shall enter upon the docket of such cause, action, or prosecution, or in a separate fee book kept for that purpose, a full bill of the costs therein, setting forth distinctly each item of the fees of every officer and person, so far as the same are known to him or her or he or she has in his or her office the means of ascertaining the same.
Code 1852, §  2536;  Code 1915, §  4457;  Code 1935, §  4915;  10 Del. C. 1953, §  5112;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 51. COSTS › § 5113. Endorsement on execution process.

§ 5113. Endorsement on execution process.
Upon every execution, order, or process in the nature of an execution, whereby costs are to be levied and made, the clerk, prothonotary, or register, issuing the same, shall indorse all costs up to the time of the issue, showing distinctly each item of the sheriff's fees, the amount of the fees of every other officer and person, and the names of the officers and persons respectively to whom such fees are due. The fees of the jury and bailiff, and of referees, may be endorsed in the aggregate under those heads.
Code 1852, §  2537;  Code 1915, §  4458;  Code 1935, §  4916;  10 Del. C. 1953, §  5113;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 51. COSTS › § 5114. Neglect of duties by officers; penalties.

§ 5114. Neglect of duties by officers; penalties.
If any clerk, prothonotary, or register refuses or neglects to perform any of the duties enjoined upon him or her respectively by §§ 5112, 5113 of this title, he or she shall be fined $30.
Code 1852, §  2539;  Code 1915, §  4460;  Code 1935, §  4918;  10 Del. C. 1953, §  5115;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 51. COSTS › § 5115. Judicial revision.

§ 5115. Judicial revision.
Each court shall, upon application of a party interested, and reasonable notice to the adverse party, revise any bill of costs entered upon the docket of such court; and also any return or endorsement of fees upon any order or process of the court; and also any bills of fees demanded for services in such court, or for the execution of the order or process thereof; and shall correct any errors appearing upon such revision.
Code 1852, §  2540;  Code 1915, §  4461;  Code 1935, §  4919;  10 Del. C. 1953, §  5116;