Delaware § 8743 Affidavit and writ of attachment

Delaware Statutes

§ 8743 — Affidavit and writ of attachment

Delaware § 8743

JurisdictionDelaware

Title9

PartCounty Taxes

Ch. 87COLLECTION OF DELINQUENT TAXES

Subch.Attachment of Land in New Castle County

This text of Delaware § 8743 (Affidavit and writ of attachment) is published on Counsel Stack Legal Research, covering Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Del. Code tit. 9, § 8743 (2026).

Text

(a)In attachment proceedings under this subchapter, an affidavit shall be made and filed by the office of finance, or by some creditable person for it, stating that the defendant is justly indebted to the plaintiff in the sum of (stating the sum due for taxes) for the year (stating the year for which the taxes are due) with the prothonotary of the appropriate court and thereupon the prothonotary or Clerk of the Court of Common Pleas or the justice of the peace (as the case may be), shall issue a writ of attachment directed to the Sheriff of New Castle County commanding the Sheriff that the Sheriff attach all the lands and tenements, goods and chattels, rights and credits, moneys and effects of the defendant within New Castle County to answer the plaintiff in a cause of action wherein the

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(a) In attachment proceedings under this subchapter, an affidavit shall be made and filed by the office of finance, or by some creditable person for it, stating that the defendant is justly indebted to the plaintiff in the sum of (stating the sum due for taxes) for the year (stating the year for which the taxes are due) with the prothonotary of the appropriate court and thereupon the prothonotary or Clerk of the Court of Common Pleas or the justice of the peace (as the case may be), shall issue a writ of attachment directed to the Sheriff of New Castle County commanding the Sheriff that the Sheriff attach all the lands and tenements, goods and chattels, rights and credits, moneys and effects of the defendant within New Castle County to answer the plaintiff in a cause of action wherein the sum of . . . . . . . . dollars for taxes for the year . . . . . . is demanded and that the Sheriff summon any garnishee or garnishees of the defendant found within the Sheriff’s bailiwick to appear before the Superior Court or before the Court of Common Pleas or before the justice of the peace (as the case may be), on the . . . . . . . . day of . . . . . . . ., A.D. . . . . . . at . . . . . . o’clock in the . . . . . . to answer what goods and chattels, rights and credits, moneys and effects of the defendant may be in the defendant’s hands and that the defendant have then and there the writ of attachment with the defendant’s doings thereon duly endorsed. The writ of attachment shall be returnable within 15 days. There shall be omitted from the writ of attachment, if issued by the Clerk of the Court of Common Pleas or by a justice of the peace the words “lands and tenements.”

(b) Under the writ of attachment, if issued by the prothonotary, the sheriff shall be authorized to attach not only the lands and tenements belonging to the defendant, but such other lands and tenements, or any part thereof, theretofore belonging to the defendant against which the taxes sued for are a lien.

(c) If the sheriff is unable to find any property, rights, credits, moneys or effects of the defendant subject to attachment within the sheriff’s bailiwick or in the hands of any person within the sheriff’s bailiwick, then a further writ or writs of attachment may be issued until the sheriff shall find property, rights, credits, moneys or effects subject to attachment within the sheriff’s bailiwick.

Legislative History

Code 1915, § 1155; 40 Del. Laws, c. 135, § 1 ; Code 1935, § 1351; 9 Del. C. 1953, § 8743; 55 Del. Laws, c. 85, § 25K ; 70 Del. Laws, c. 186, § 1 ; 71 Del. Laws, c. 401, § 127