Delaware Code Title 10 Sec. 9585 – Goods and chattels subject to attachment; notice; judgment; creditors
(a) If any goods, or chattels, are taken on any attachment issued under this subchapter, the constable shall make an inventory, and annex the inventory to the attachment.
Terms Used In Delaware Code Title 10 Sec. 9585
- 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.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- 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.
- Month: means a calendar month, unless otherwise expressed. 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
(b) The constable shall be responsible for the safe keeping of the goods to be levied on in execution of the plaintiff‘s judgment when obtained. If the goods are of a perishable nature, they may be sold on the justice’s order, and on due notice. The proceeds shall be held by the constable to be so applied, or restored, as is right. The constable’s official bond shall embrace both these duties.
(c) When either goods are attached, or garnishee summoned, public notice to the following effect shall be given for 1 month by advertisements posted in the justice’s office, at the courthouse door of the justice’s county, and in 3 public places of the defendant‘s hundred, or, if within 2 years the defendant had no residence in the county, then in the justice’s hundred. On proof of such notice, and of the plaintiff’s demand before the justice, if under $5.00, and before referees, if above that sum, judgment may be rendered. The notices shall be prepared by the justice and shall state the parties, the sum demanded, the time and cause of issuing the attachment, as stated in the affidavit, and the return.
(d) Any other creditor of the defendant may, on application, be permitted to defend such claims in the defendant’s name, or to open and controvert the judgment, or appeal from the same as in other cases.
(e) Nothing in this section shall apply to execution attachments.
Code 1852, §§ ?2158-2162; Code 1915, § ?4044; Code 1935, § ?4531; 10 Del. C. 1953, § ?9592; 70 Del. Laws, c. 186, § ?1; 82 Del. Laws, c. 204, § 11;