(a) If any defendant against whom a judgment is given for more than $5.00, besides costs, or any freeholder in relation to whom affidavit is made as in § 9544 of this title, gives, within 5 days after giving such judgment, or filing such affidavit, sufficient security to pay the judgment, there shall be a stay of execution thereon for 9 months from that time.
(b) The security shall be entered on the docket in the following form:
“On the day of , A. D. 20, A. B., (or A. B. and C. D., if two) becomes surety that this judgment shall be fully satisfied”;
and the entry shall be signed by the surety or sureties.
(c) The entry of security, and the entry prescribed in § 9546 of this title, shall be an obligation of record, and shall oblige the sureties, or their executors or administrators, jointly, or severally, to pay the judgment to which such entry refers, and after the expiration of the stay of execution the judgment may be executed and enforced against the sureties, their executors or administrators, without an action of debt, or a scire facias being first maintained or issued thereupon.
(d) If any defendant, in a judgment against several, is not a freeholder of the county, the foregoing provisions for 9 months' stay on giving security shall apply, although there may be other defendants who are freeholders.
(e) If, in any case, execution has issued before the security is given, the same shall, on giving the security within the 5 days, be superseded and the proceedings thereon quashed.
Structure Delaware Code
Title 10 - Courts and Judicial Procedure
Subchapter II. Civil Actions for Debt
§ 9522. Issuance and requirements of summons.
§ 9524. Service of summons; verification for default judgment.
§ 9525. Deposit for cost; representation of an artificial entity.
§ 9528. Requirement of special bail for certain adjournments.
§ 9529. Discharge of special bail.
§ 9530. Proceedings against special bail; scire facias.
§ 9531. Depositions of nonresidents.
§ 9533. Failure to appear; penalty.
§ 9534. Form of attachment for contempt.
§ 9535. Form of distress warrant.
§ 9536. Setoff or counterclaim.
§ 9537. Failure of defendant to appear; adjournment or judgment by default.
§ 9538. Application to vacate default judgment.
§ 9539. Failure of plaintiff to appear; adjournment or dismissal.
§ 9540. Entry of judgment; endorsement on cause of action.
§ 9542. Judgments against executor or administrator.
§ 9543. Setting aside judgment on warrant of attorney.
§ 9544. Six months stay of execution.
§ 9545. Nine months stay of execution; security.
§ 9546. Transfer of judgment to Superior Court docket after stay of execution.
§ 9548. Form of execution process.
§ 9549. Garnishees; time for appearance; pleadings.
§ 9550. Proceeding by garnishee charging collusion.
§ 9551. Appeal from proceeding by garnishee.
§ 9552. Time of binding of goods and chattels by execution; duration of lien.
§ 9554. Sale of goods levied upon; advertisement.
§ 9556. Duty of constable or sheriff upon receipt of execution; return of execution.
§ 9557. Venditioni exponas; issuance; requirements; effect.
§ 9558. Form of venditioni exponas.
§ 9560. Failure to pay over proceeds from execution.
§ 9561. Failure on return to produce receipt of proceeds.
§ 9562. Necessity of judgment and execution docket.
§ 9566. Entry of judgment satisfaction by justice.
§ 9567. Entry of judgment satisfaction by creditor or execution officer.
§ 9569. Transfer of judgment to Superior Court; lien on real estate.
§ 9571. Appeal in civil actions.
§ 9572. Proceedings on appeal.
§ 9573. Execution upon striking of appeal.
§ 9574. Abatement and dismissal.
§ 9576. Remedy against deceased surety; assignment of creditor's remedies to surety.
§ 9578. Survival of actions; parties.
§ 9579. Issuance, service and return of writ; proceedings.
§ 9580. Endorsement and docketing; assignment of judgment.
§ 9582. Proceeding by attachment.
§ 9583. Issuance of writ; affidavit.
§ 9584. Form of writ; form of Garnishee's Notice of Service.
§ 9585. Goods and chattels subject to attachment; notice; judgment; creditors.
§ 9586. Service on garnishee; compelling attendance.
§ 9587. Process to compel appearance of garnishee.
§ 9588. Garnishment proceedings.
§ 9589. Dissolution of attachment.
§ 9590. Delivery of goods to constable; defense of garnishee; liability of constable.