§ 9586 — Service on garnishee; compelling attendance

Delaware § 9586

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

Text

(a) The service of an attachment on a garnishee may be made in the same way as service of an original summons.

(b) If a garnishee summoned on either original, or execution attachment, neglects to appear, as required, the justice may compel the garnishee’s appearance by process, and may commit the garnishee if he or she refuses to answer or plead as required.

(c) The day for the garnishee’s answer, or plea, may be adjourned by the justice, if necessary.

(d) If the justice has not received from the garnishee a copy of the Garnishee’s Notice of Service form within 10 days after receipt thereof by the garnishee, the justice shall issue process to compel the appearance of the said garnishee.

Legislative History

Code 1852, §§ 2163, 2165; Code 1915, § 4045; Code 1935, § 4532; 10 Del. C. 1953, § 9593; 66 Del. Laws, c. 393, § 3 ; 70 Del. Laws, c. 186, § 1