§ 9589 — Dissolution of attachment

(a) If the original debtor appears at the Court at any time, Monday through Friday, from 8 a.m. to 4 p.m., before final judgment and enters an appearance acknowledging that debtor will answer the plaintiff’s demand and satisfy any judgment rendered against debtor in such suit, the attachment shall be dissolved, and the cause proceed as in other cases.

(b) If the original debtor appears at the Court at any time, Monday through Friday, from 8 a.m. to 4 p.m., before final judgment and contests the attachment, the justice shall immediately conduct an ex parte post-deprivation hearing on the seizure of the debtor’s wages if the justice then determines that there no longer exists a factual basis demonstrating the need for the writ, the attachment shall be dissolved, and the cause proceed as in other cases.

(c) If the original debtor appears for trial, the attachment shall be dissolved, and the cause proceed as in other cases.

(d) In cases not falling within subsection (a), (b) or (c) of this section, the attachment shall, in any event, be dissolved, and the cause proceed as in other cases, 30 days from the date on which the writ of attachment issued.

Legislative History

Code 1852, §§ 2172, 2173; Code 1915, § 4048; Code 1935, § 4535; 10 Del. C. 1953, § 9597; 66 Del. Laws, c. 393, § 4 ; 70 Del. Laws, c. 186, § 1