Delaware Code
Chapter 39. PLEADING AND PRACTICE
§ 3904. Suits and judgments by and against unincorporated associations.

An unincorporated association of persons, including a partnership, using a common name may sue and be sued in such common name and a judgment recovered therein shall be a lien like other judgments, and may be executed upon by levy, seizure and sale of the personal and real estate of such association, and also that of the persons composing such association in the same manner with respect to them as if they had been made parties defendant by their individual names. Satisfaction thereof may also be obtained by attachment process.

Structure Delaware Code

Delaware Code

Title 10 - Courts and Judicial Procedure

Chapter 39. PLEADING AND PRACTICE

§ 3901. Affidavits of defense; judgments by default on written instruments; opening judgments.

§ 3902. Assignee suing in own name.

§ 3903. Bail bonds, recognizances, peace bonds or appearance bonds; actions on.

§ 3904. Suits and judgments by and against unincorporated associations.

§ 3905. Action for detention of goods and chattels.

§ 3906. Action to recover goods seized by execution or attachment.

§ 3907. Demand in actions to recover goods and chattels; necessity for proof.

§ 3908. Judgments by confession; warrant of attorney.

§ 3909. Complaint, declaration or cognovit upon judgments D.S.B. (debt without a writ—debitum sine breve).

§ 3910. Disclaimer of interest by defendant; interpleader.

§ 3911. Recognizance of plaintiff upon interpleader.

§ 3912. Counsel fees; recovering in actions on written instruments.

§ 3913. Counterclaim in suits by or against executors or administrators.

§ 3914. Proof of partnership.

§ 3915. Proof of incorporation or corporate existence.

§ 3916. Proof of agency in operation of motor vehicle.

§ 3917. Proof of signatures in actions or written instruments.

§ 3918. Recognizance of applicant for certiorari to justice of the peace.

§ 3919. Defense in civil libel actions.

§ 3920. Actions for price of newspapers or magazines received by mail; necessity for express order.

§ 3921. Presumption of proper administration of oath.

§ 3922. Destruction of property by minors; recovery of damages from parents.

§ 3923. Prosecution and defense of actions by persons of the age of 18 years or older.

§ 3924. Causes of action abolished for alienation of affections, criminal conversation, seduction, enticement and breach of contract to marry.

§ 3925. Public officers and employees.

§ 3926. Production of records, jurisdiction.

§ 3926A. Production of reproductive health services records.

§ 3927. Unsworn declarations under penalty of perjury.

§ 3928. Limitations and protections against actions relating to the termination of pregnancy.

§ 3929. Recouperation of out-of-state judgments related to reproductive health services.

§ 3930. Civil action for public nuisance by firearm industry member.

§ 3931. Civil actions for tortious injuries, including death, to lawfully-owned pets [Expires October 14, 2025].