§ 9583 — Issuance of writ; affidavit

(a) A justice shall issue a writ of attachment on an affidavit made and filed by the plaintiff, or any credible person for the plaintiff, that the defendant is justly indebted to the plaintiff in a stated sum not exceeding $25,000, and any of the following apply:

(1) The defendant has absconded.

(2) The individual believes that the defendant is about to remove the defendant’s person or the defendant’s effects out of the State, with intent to defraud the defendant’s creditors.

(3) The defendant intentionally conceals the defendant’s person, so that process of summons cannot be served on the defendant.

(4) The defendant is a nonresident of the State.

(b) A justice must issue a writ of attachment if all of the following apply:

(1) The affidavit under subsection (a) of this section provides specific facts demonstrating the validity of the debt and for believing that a situation under paragraphs (a)(1) through (a)(4) of this section exists.

(2) The plaintiff provides, at the time of filing, a cash bond in the amount of $100.

(c) The cash bond under paragraph (b)(2) of this section is conditioned that if the suit is not prosecuted with effect, or if the judgment rendered in the suit is in favor of a defendant, the plaintiff will pay any and all costs which may be awarded to a defendant, together with any and all damages, not exceeding the amount of the bond, which a defendant in the suit may have sustained by reason of such attachment, the remainder, if any, to be returned to the plaintiff when judgment is rendered.

Legislative History

Code 1852, § 2156; 18 Del. Laws, c. 678, § 1 ; Code 1915, § 4043; 34 Del. Laws, c. 221, § 6 ; Code 1935, § 4530; 10 Del. C. 1953, § 9590; 55 Del. Laws, c. 297, § 8 ; 57 Del. Laws, c. 192, § 8 ; 65 Del. Laws, c. 30, § 3 ; 66 Del. Laws, c. 393, § 1 ; 67 Del. Laws, c. 426, § 6 ; 69 Del. Laws, c. 425, § 6 ; 70 Del. Laws, c. 186, § 1 ; 83 Del. Laws, c. 37, § 41