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Subchapter I. Subjects of Execution; Exemptions
§ 4901. Real estate. - Lands, tenements and hereditaments and all right of dower and...
§ 4902. Exempt property. - (a) Every person residing within this State shall have exempt...
§ 4903. Head of family exemption. - Every person residing in this State, and being the head...
§ 4904. Claim of exemption by spouses. - All exemptions of property from judgment lien, execution or forced...
§ 4905. Evaluation of exempt property; selection of freeholders. - (a) The property exempt and required to be valued by...
§ 4906. Procedure of freeholders. - The freeholders shall, upon the receipt of the notice and...
§ 4907. Fees. - The fees for the service of the freeholders, in making...
§ 4908. Authority to administer oaths. - The officer making the sale, and serving the notices required,...
§ 4909. Neglect of duty by freeholders; penalty. - Whoever, being a freeholder, neglects or refuses to perform the...
§ 4910. Taxation or sale for taxes. - Nothing contained in this subchapter shall be construed as exempting...
§ 4911. Prohibition against levying upon goods in storage warehouse; violation and penalty. - (a) No constable in the State shall levy upon or...
§ 4912. Waiver of exemptions. - Any husband and wife jointly may make any waiver of...
§ 4913. Exemption and attachment of wages. - (a) Eighty-five percent of the amount of the wages for...
§ 4914. Exemptions in bankruptcy and insolvency. - (a) In accordance with § 522(b) of the Bankruptcy Reform...
§ 4915. Exemption of retirement plans, life insurance contracts, and annuity contracts [For application of this section, see 80 Del. Laws, c. 153, § 5]. - (a) In addition to the exemptions provided in §§ 4902...
§ 4916. Exemption of qualified tuition programs and qualified ABLE programs. - (a) In addition to the exemptions provided in §§ 4902...
Subchapter II. Preferences
§ 4931. Wages in New Castle County; limitation; notice of claim; other liens. - (a) In New Castle County all debts or claims that...
§ 4932. Wage claims as lien on real estate. - No claim or debt for work, labor, or clerk hire...
§ 4933. False wage claim; penalty. - Whoever makes an affidavit to any debt or claim mentioned...
§ 4934. Wage claims by minors. - The parent, guardian, or next friend of any minors, who...
§ 4935. Employees of insolvent corporation. - Employees of insolvent corporations shall have a lien for, and...
§ 4936. Medical and funeral expenses. - Whenever any sheriff or constable, by virtue of any execution...
§ 4937. Payment of medical and funeral expenses by sheriff. - In case there has been no administration or letters testamentary...
Subchapter III. Venditioni Exponas
§ 4951. Issuance. - A writ of venditioni exponas for the sale of any...
§ 4952. Failure or neglect in execution; penalty. - The person to whom such writ of venditioni exponas may...
Subchapter IV. Levari Facias
§ 4961. Procedure for public sale. - By a writ of levari facias, the sheriff, or other...
Subchapter V. Sale Under Execution
§ 4971. Time of sale of goods and chattels. - Goods and chattels, taken in execution by a sheriff, or...
§ 4972. Notice of public sale of goods and chattels. - Public notice of the sale of goods and chattels by...
§ 4973. Notice of public sale of real estate. - (a) Public notice of the sale of lands and tenements...
§ 4974. Place for public sale of real estate. - (a) As used in this section, “public building” and “public...
§ 4975. Officer conducting sale as barred from purchasing. - A sheriff, constable, or other person making sale of goods...
§ 4976. Deed of sheriff's sale. - Upon confirmation by the court of any sale of lands...
§ 4977. Grantee's title. - The grantee in any deed, executed under § 4976 of...
§ 4978. Rent; time of entitlement; apportionment; proceedings. - (a) In any case of sale, the purchaser shall be...
§ 4979. Petition for deed. - If a sale is made of lands and tenements by...
§ 4980. Deed executed after petition; effect on title. - A deed, executed pursuant to an order made under §...
§ 4981. Recordation of petition and order; evidentiary value. - An order made upon a petition, being duly certified, the...
§ 4982. Deed after execution by sheriff's predecessor. - A deed for lands and tenements, sold by virtue of...
§ 4983. Deed by sheriff after expiration of term. - Whenever an execution for sale of lands and tenements shall...
§ 4984. Deed by sheriff appointed to fill vacancy. - Whenever an execution for sale of lands and tenements is...
§ 4985. Discharge of liens upon execution sale; exceptions. - Real estate sold by virtue of execution process shall be...
§ 4986. Payment into court of unclaimed proceeds from execution sale; disposition by court. - Whenever the sheriff or any other officer cannot pay over...
§ 4987. Sheriff's record of sale proceeds. - The sheriff shall, in proper books, keep a record of...
Subchapter VI. Liberari Facias
§ 5001. Awarding of writ. - If lands and tenements, exposed to sale by virtue of...
§ 5002. Execution for residue of debt. - If lands delivered upon a liberari facias under § 5001...
§ 5003. Title under execution and return of writ. - The execution and return of a writ of liberari facias...
Subchapter VII. Writ of Possession
§ 5011. Awarding of writ. - (a) If lands and tenements are sold by order of...
§ 5012. Rule to show cause; requirement. - The Court of Chancery, if the sale is by its...
§ 5013. Time of applying for writ. - A rule for a writ of possession may be granted...
§ 5014. Service of rule. - The rule referred to in § 5013 of this title...
§ 5015. Defendant as bona fide tenant. - If the defendant is in possession bona fide as tenant...
§ 5016. Defendant as joint owner. - If the defendant is owner of an undivided share, the...
§ 5017. Stay of execution of writ. - On making the rule for a writ of possession absolute,...
§ 5018. Form of writ. - (a) A writ of possession may be according to the...
§ 5019. Effect of writ on title and on other remedies. - Nothing contained in this subchapter shall deprive a purchaser of...
Subchapter VIII. Attachment
§ 5031. Execution attachment. - The plaintiff in any judgment in a court of record,...
§ 5032. Answer by garnishee. - The answer of a garnishee in any execution attachment, at...
Subchapter IX. Return of Execution
§ 5041. Fieri facias; time of return. - Every fieri facias shall be actually returned by the sheriff...
§ 5042. Inventory of unsold goods and chattels. - Where the levy, or return, by virtue of a fieri...
§ 5043. Specification of lands seized or levied upon. - If there has been a levy, or seizure, of lands,...
§ 5044. Specification of prior executions. - (a) Where the levy, or seizure, is returned as made...
Subchapter X. Capias Ad Satisfaciendum
§ 5051. Issuance of writ. - (a) No writ of capias ad satisfaciendum shall be issued...
§ 5052. Plaintiff's affidavit of fraud; exceptions from requirement. - (a) No writ of capias ad satisfaciendum shall be issued...
§ 5053. Motion denying fraud; disposition. - The court in which the affidavit referred to in §...
Subchapter XI. Scire Facias on Mortgage
§ 5061. Occasion for suing out writ; parties and notice [For application of this section, see 82 Del. Laws, c. 30, § 3]. - (a) Subject to the provisions of §§ 5062A, 5062B, 5062C...
§ 5062. Land divided by county line; venue of action. - Whenever the dividing line between any 2 counties of this...
§ 5062A. Loss mitigation affidavit required [Expires Jan. 1, 2025, under the terms of subsection (e) of this section]. - (a) In connection with any mortgage foreclosure action brought under...
§ 5062B. Required notices. - (a) (1) Except as provided in paragraph (a)(2) of this...
§ 5062C. Residential Mortgage Foreclosure Mediation Program [Expires Jan. 1, 2025, under the terms of subsection (v) of this section]. - (a) An Automatic Residential Mortgage Foreclosure Mediation Program is established....
§ 5062D. Complaints and answers [Expires Jan. 1, 2025, under the terms of subsection (e) of this section]. - (a) A complaint to foreclose a mortgage in an action...
§ 5063. Judgment upon default. - If the defendant fails to appear at the return day...
§ 5064. Award of levari facias when county line divides land. - The writ of levari facias awarded upon any judgment for...
§ 5065. Procedure after award of levari facias. - Under a levari facias, awarded as described in this subchapter,...
§ 5066. Title of purchaser. - The person to whom any lands and tenements shall be...
§ 5067. Disposition of surplus from sale proceeds. - Any surplus of the proceeds of sale of mortgaged premises,...
Subchapter XII. Scire Facias on Judgments
§ 5071. Issuance for execution on judgments and recognizances; parties. - A writ of scire facias may be sued upon a...
§ 5072. Execution on judgments in civil actions. - (a) An execution may be issued upon a judgment in...
§ 5073. Execution on judgments of the Court of Common Pleas or justices of the peace. - An execution may be issued upon a judgment recovered before...
Subchapter XIII. Lien of Execution
§ 5081. Time of binding of goods and chattels by execution; duration of lien. - An execution shall not bind goods and chattels until it...
§ 5082. Priority of liens. - If several executions against the same defendant are delivered on...
§ 5083. Endorsing of date on writ. - The prothonotary, issuing an execution, shall endorse thereon the date...
§ 5084. Duty of sheriff upon receipt of execution. - The sheriff, or other officer, receiving an execution, shall, in...
§ 5085. Applicability to executions by the Court of Common Pleas or justices of the peace. - The provisions of this subchapter shall not apply to executions...
Subchapter XIV. Miscellaneous Provisions
§ 5091. Execution on judgment for penalty. - When an execution is issued upon a judgment for a...
§ 5092. Death or escape of party arrested or imprisoned. - If a person arrested, or imprisoned, by virtue of an...
§ 5093. Liability of officer for escape; action against officer. - If a person arrested, or imprisoned, by virtue of an...
§ 5094. Restitution on reversal of judgment after sale of real estate. - If, after the sale of real estate upon execution process,...
§ 5095. Mistaken identity of judgment debtor. - Where a judgment is entered upon the wrong person by...