Delaware Code Title 10 Sec. 4760 – Entry by nonresident
(a) Any nonresident person to whom a sum is due by judgment, shall appear at the office where such judgment is recorded, within 30 days after a notice has been given to the person to whom the sum is due, by the person owing such sum by judgment, to receive satisfaction, and at the same time enter satisfaction on the record of such judgment. If the nonresident neglects or refuses to appear in person or by power of attorney within the time specified, then the person owing the sum by such judgment may deposit the amount due upon such judgment, in any state or national bank having its principal place of business in the State, subject to the order of such nonresident. The cashier of the bank shall give to the depositor a certificate stating the amount deposited in the name of the nonresident and upon the presentation of this certificate, at the office where such judgment is recorded, the officer in charge of such office shall enter full satisfaction upon the record, and shall write upon the record the manner in which the judgment is satisfied, and shall retain the certificate or a duplicate of the same in the office.
Terms Used In Delaware Code Title 10 Sec. 4760
- National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- 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
(b) A notice, by mail or by person, to a nonresident creditor shall be deemed and taken as sufficient notice. This section, however, shall not bar any nonresident from correcting any errors or omissions in any payments due to such nonresident by suit or otherwise.
15 Del. Laws, c. 475; Code 1915, § ?4314; Code 1935, § ?4786; 10 Del. C. 1953, § ?4760; 63 Del. Laws, c. 142, § ?27; 70 Del. Laws, c. 186, § ?1;