§ 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.

Legislative History

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