§ 9585 — Goods and chattels subject to attachment; notice; judgment; creditors

Delaware § 9585

• Jurisdiction: Delaware
• Title: 10
• Part: Justices of the Peace
• Ch. 95: PROCEDURE
• Subch.: Civil Actions for Debt

Text

(a) If any goods, or chattels, are taken on any attachment issued under this subchapter, the constable shall make an inventory, and annex the inventory to the attachment.

(b) The constable shall be responsible for the safe keeping of the goods to be levied on in execution of the plaintiff’s judgment when obtained. If the goods are of a perishable nature, they may be sold on the justice’s order, and on due notice. The proceeds shall be held by the constable to be so applied, or restored, as is right. The constable’s official bond shall embrace both these duties.

(c) When either goods are attached, or garnishee summoned, public notice to the following effect shall be given for 1 month by advertisements posted in the justice’s office, at the courthouse door of the justice’s county, and in 3 public places of the defendant’s hundred, or, if within 2 years the defendant had no residence in the county, then in the justice’s hundred. On proof of such notice, and of the plaintiff’s demand before the justice, if under $5.00, and before referees, if above that sum, judgment may be rendered. The notices shall be prepared by the justice and shall state the parties, the sum demanded, the time and cause of issuing the attachment, as stated in the affidavit, and the return.

(d) Any other creditor of the defendant may, on application, be permitted to defend such claims in the defendant’s name, or to open and controvert the judgment, or appeal from the same as in other cases.

(e) Nothing in this section shall apply to execution attachments.

Legislative History

Code 1852, §§ 2158-2162; Code 1915, § 4044; Code 1935, § 4531; 10 Del. C. 1953, § 9592; 70 Del. Laws, c. 186, § 1 ; 82 Del. Laws, c. 204, § 11