A writ of domestic attachment may be issued against an inhabitant of this State upon proof satisfactory to the court that the defendant cannot be found, or that the defendant is justly indebted to the plaintiff in a sum exceeding $50, and has absconded from the defendant’s usual place of abode or is about to leave the State or has gone out of the State with intent to defraud his or her creditors or to elude process.

Code 1852, § ?2264; Code 1915, § ?4118; Code 1935, § ?4606; 10 Del. C. 1953, § ?3501; 52 Del. Laws, c. 341; 70 Del. Laws, c. 186, § ?1;

Terms Used In Delaware Code Title 10 Sec. 3501

  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Inhabitant: means a resident in any place. See Delaware Code Title 1 Sec. 302
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
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