§ 4783 — Notice of filing

Delaware § 4783

• Jurisdiction: Delaware
• Title: 10
• Part: Procedure
• Ch. 47: JUDGMENTS
• Subch.: Enforcement of Foreign Judgments

Text

(a) At the time of the filing of the foreign judgment, the judgment creditor or the creditor’s attorney shall make and file with the prothonotary an affidavit setting forth the name and last-known post office address of the judgment debtor and the judgment creditor.

(b) Promptly upon the filing of the foreign judgment and the affidavit, the prothonotary shall mail notice of the filing of the foreign judgment to the judgment debtor at the address given, and shall make a note of such mailing in the docket. The notice shall include the name and post office address of the judgment creditor and the judgment creditor’s attorney, if any, in this State. In addition, the judgment creditor may mail a notice of the filing of the judgment to the judgment debtor, and may file proof of such mailing with the prothonotary. Lack of a mailing of the notice of filing by the prothonotary shall not affect the enforcement proceedings, if proof of mailing by the judgment creditor has been filed.

(c) No execution, or other process for enforcement of a foreign judgment filed hereunder, shall issue until 20 days after the judgment is filed.

Legislative History

65 Del. Laws, c. 333, § 1 ; 70 Del. Laws, c. 186, § 1