Delaware § 9569 Transfer of judgment to Superior Court; lien on real estate

Delaware Statutes

§ 9569 — Transfer of judgment to Superior Court; lien on real estate

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

(a)Judgments entered into the judgment docket in the Justice of the Peace Courts shall not constitute a lien upon real estate, but the judgment creditor may file a duly certified transcript of the docket entries of the judgment in the office of the prothonotary of the Superior Court in any or all of the 3 counties of the State and the prothonotary shall enter in his or her judgment docket the names of the parties, the amount of the judgment, the name of the court in which the judgment was recovered, the time from which interest runs and the amount of the costs, with the true date of filing and entry. The prothonotary, in his or her discretion, may allow transfer of judgments as provided in this subsection to be accomplished by electronic means.

(b)A judgment, transferred, as authorized

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(a) Judgments entered into the judgment docket in the Justice of the Peace Courts shall not constitute a lien upon real estate, but the judgment creditor may file a duly certified transcript of the docket entries of the judgment in the office of the prothonotary of the Superior Court in any or all of the 3 counties of the State and the prothonotary shall enter in his or her judgment docket the names of the parties, the amount of the judgment, the name of the court in which the judgment was recovered, the time from which interest runs and the amount of the costs, with the true date of filing and entry. The prothonotary, in his or her discretion, may allow transfer of judgments as provided in this subsection to be accomplished by electronic means.

(b) A judgment, transferred, as authorized by subsection (a) of this section, shall, from that date, become and be a lien on all the real estate of the debtor in the county, in the same manner and as fully as judgments rendered in the Superior Court are liens, and may be executed and enforced in the same way as judgments of that Court.

(c) If any judgment is lawfully assigned to a joint debtor, or surety, the assignee shall have the benefit of this section.

(d) Once a judgment has been transferred as provided in subsection (a) of this section, the Justice of the Peace Courts shall retain jurisdiction for purposes of all post-judgment proceedings with the exception of execution upon the judgment and/or the sale of real estate.

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