Delaware § 5095 Mistaken identity of judgment debtor

Delaware Statutes

§ 5095 — Mistaken identity of judgment debtor

Delaware·Title 10·Part Procedure·Ch. 49 EXECUTIONS·Subch. Miscellaneous Provisions

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.

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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.

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