The answer of a garnishee in any execution attachment, at the option of the plaintiff therein, may be taken by affidavit before any person legally authorized to administer oaths. When so taken and filed with the writ of attachment it shall be docketed in the same manner and have the same effect as if taken in open court. The garnishee’s mileage, in such cases, shall be counted from the garnishee’s residence to the office of the person taking the garnishee’s affidavit, and endorsed thereon.

16 Del. Laws, c. 539; Code 1915, § ?4389; Code 1935, § ?4847; 10 Del. C. 1953, § ?5032; 70 Del. Laws, c. 186, § ?1;

Terms Used In Delaware Code Title 10 Sec. 5032

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
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