Delaware Code Title 10 Sec. 3504 – Unincorporated association subject to attachment and garnishment
(a) A writ of attachment may be issued in any action brought against any unincorporated association of persons, including a partnership, by using its common name. Service of process of such attachment may be made on any officer, director, manager, agent or employee of such unincorporated association, or on any agent authorized by law to accept service of process.
Terms Used In Delaware Code Title 10 Sec. 3504
- 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.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Service of process: The service of writs or summonses to the appropriate party.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(b) Any sheriff, constable or other officer, executing any writ of attachment under the provisions of this section may attach the lands and tenements, goods and chattels, rights and credits, and moneys and effects of the defendant association and may also attach the lands and tenements, goods and chattels, rights and credits, and moneys and effects of any or all of the individuals composing such association in the same manner as if they had been made parties defendant by their individual names.
26 Del. Laws, c. 267, §§ ?1-5; Code 1915, § ?4121; 30 Del. Laws, c. 227; Code 1935, § ?4609; 10 Del. C. 1953, § ?3504; 52 Del. Laws, c. 341; 59 Del. Laws, c. 104, § ?1;