§ 9561 — Failure on return to produce receipt of proceeds

(a) If any constable, to whom an execution is delivered, does not, at or before the time it is returnable, produce the receipt of the party entitled to the benefit thereof, for the amount levied thereon, or makes an insufficient or a false return thereto, the justice shall, on request, issue a summons to a constable, or any other person, or to the sheriff, requiring the defaulting constable to appear before him or her at a time fixed, within 10 days thereafter, to show cause why an execution should not issue against him or her for the amount of the debt he or she was required by such execution to levy. The summons shall be served in the same way as an original summons.

(b) If the constable neglects to appear as required, or does not show sufficient cause why the execution should not issue against him or her, the justice shall, on proof of service of the summons, enter judgment against the constable for the amount of the debt he or she was required by such execution to levy, together with costs. There shall be no stay of execution on the judgment, and the justice shall, on request, issue an execution as in other cases.

(c) The remedy of this section is cumulative, and shall, in no manner, affect the responsibility of the constable or the constable’s sureties on his or her official bond.

Legislative History

Code 1852, §§ 2134-2136; Code 1915, § 4032; Code 1935, § 4518; 10 Del. C. 1953, § 9568; 70 Del. Laws, c. 186, § 1