Delaware § 3909 Complaint, declaration or cognovit upon judgments D.S.B. (debt without a writ—debitum sine breve)

Delaware Statutes

§ 3909 — Complaint, declaration or cognovit upon judgments D.S.B. (debt without a writ—debitum sine breve)

Delaware § 3909

Title10

PartProcedure

Ch. 39PLEADING AND PRACTICE

This text of Delaware § 3909 (Complaint, declaration or cognovit upon judgments D.S.B. (debt without a writ—debitum sine breve)) is published on Counsel Stack Legal Research, covering Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Del. Code tit. 10, § 3909 (2026).

Text

No judgment D.S.B., entered, shall be taken to be invalid because it does not appear that any complaint or cognovit was filed prior to the entering of the same, but whenever such complaint is required by the bond on which such judgment was entered, the court before whom any question is raised about the validity of such judgment for want of such complaint shall allow such complaint to be filed, nunc pro tunc, and the filing thereof, by virtue of such allowance, shall have the same effect as if it had been filed as the authority for the entering of such judgment.

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No judgment D.S.B., entered, shall be taken to be invalid because it does not appear that any complaint or cognovit was filed prior to the entering of the same, but whenever such complaint is required by the bond on which such judgment was entered, the court before whom any question is raised about the validity of such judgment for want of such complaint shall allow such complaint to be filed, nunc pro tunc, and the filing thereof, by virtue of such allowance, shall have the same effect as if it had been filed as the authority for the entering of such judgment.