(a) If any goods, or chattels, are taken on any attachment issued under this subchapter, the constable shall make an inventory, and annex the inventory to the attachment.
(b) The constable shall be responsible for the safe keeping of the goods to be levied on in execution of the plaintiff's judgment when obtained. If the goods are of a perishable nature, they may be sold on the justice's order, and on due notice. The proceeds shall be held by the constable to be so applied, or restored, as is right. The constable's official bond shall embrace both these duties.
(c) When either goods are attached, or garnishee summoned, public notice to the following effect shall be given for 1 month by advertisements posted in the justice's office, at the courthouse door of the justice's county, and in 3 public places of the defendant's hundred, or, if within 2 years the defendant had no residence in the county, then in the justice's hundred. On proof of such notice, and of the plaintiff's demand before the justice, if under $5.00, and before referees, if above that sum, judgment may be rendered. The notices shall be prepared by the justice and shall state the parties, the sum demanded, the time and cause of issuing the attachment, as stated in the affidavit, and the return.
(d) Any other creditor of the defendant may, on application, be permitted to defend such claims in the defendant's name, or to open and controvert the judgment, or appeal from the same as in other cases.
(e) Nothing in this section shall apply to execution attachments.
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.