Sections
Subchapter I Subjects of Execution; Exemptions 4901 – 4916
Subchapter II Preferences 4931 – 4937
Subchapter III Venditioni Exponas 4951 – 4952
Subchapter IV Levari Facias 4961
Subchapter V Sale Under Execution 4971 – 4987
Subchapter VI Liberari Facias 5001 – 5003
Subchapter VII Writ of Possession 5011 – 5019
Subchapter VIII Attachment 5031 – 5032
Subchapter IX Return of Execution 5041 – 5045
Subchapter X Capias Ad Satisfaciendum 5051 – 5053
Subchapter XI Scire Facias on Mortgage 5061 – 5067
Subchapter XII Scire Facias on Judgments 5071 – 5073
Subchapter XIII Lien of Execution 5081 – 5085
Subchapter XIV Miscellaneous Provisions 5091 – 5095

Terms Used In Delaware Code > Title 10 > Chapter 49

  • Act: means the New Castle County Tax Increment Financing Act. See Delaware Code Title 10 Sec. 4979
  • Administrative tribunal: shall mean a show cause hearing before the Code Official for New Castle County. See Delaware Code Title 10 Sec. 4910
  • adult person: means a person of the age of 18 years or older. See Delaware Code Title 6 Sec. 4307
  • 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.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Agency: means the Division of Child Support Services of this State and, when the context requires, means either the court or agency of any other jurisdiction with functions similar to those defined in this chapter, including the issuance and enforcement of support orders. See Delaware Code Title 13 Sec. 116
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Amortization: Paying off a loan by regular installments.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • 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.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assessed value: means the total assessed value of all real property in a TIF District subject to taxation as determined by the Assessor, with any adjustment pursuant to paragraph (2) of this section taken into account. See Delaware Code Title 10 Sec. 4979
  • Assessor: shall mean the General Manager of the New Castle County Department of Land Use or designee. See Delaware Code Title 10 Sec. 4979
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • banks: when used in this chapter, do not include such national banks, except as otherwise provided in subchapters VI and VII of this chapter. See Delaware Code Title 5 Sec. 701
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • bond: means any revenue or general obligation bonds or bond, notes or note, or other similar instruments or instrument issued by New Castle County pursuant to and in accordance with this chapter. See Delaware Code Title 10 Sec. 4979
  • Building: shall mean a structure having a roof, and intended to shelter persons, animals, property or business activity. See Delaware Code Title 10 Sec. 4910
  • Building: means any structure, building, edifice or part thereof;

    (2) "Chief of Building Inspections" means the Chief of Building Inspections for Kent County as appointed by the Kent County Levy Court or the Chief's designee or the Acting Chief of Building Inspections for Kent County as appointed by the Kent County Levy Court or the Acting Chief's designee;

    (3) "Construction" means alteration, removal, demolition, addition, repair or construction of any new or old building. See Delaware Code Title 10 Sec. 5094

  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Chief financial officer: means New Castle County Chief Financial Official or designee. See Delaware Code Title 10 Sec. 4979
  • Child: means a person who has not reached the age of 18 years. See Delaware Code Title 6 Sec. 4307
  • Child: means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is alleged to be the beneficiary of a support order directed to the parent. See Delaware Code Title 13 Sec. 116
  • Civil union: means a legal union between 2 individuals of the same sex established pursuant to this chapter. See Delaware Code Title 12 Sec. 61-603
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
  • Commission: means Regional Planning Commission of New Castle County in § 3003 of this title but shall mean the Department of Land Use in all other sections. See Delaware Code Title 10 Sec. 4934
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • County: means New Castle County. See Delaware Code Title 10 Sec. 4787
  • County: means New Castle County. See Delaware Code Title 10 Sec. 4934
  • county: means New Castle County. See Delaware Code Title 10 Sec. 4979
  • County Council: shall mean the County Council for New Castle County. See Delaware Code Title 10 Sec. 4910
  • County council: means New Castle County Council or designee. See Delaware Code Title 10 Sec. 4979
  • County executive: means the County Executive for New Castle County or designee. See Delaware Code Title 10 Sec. 4979
  • Court: means the Family Court of this State and, when the context requires, means either the court or agency of any other jurisdiction with functions similar to those defined in this chapter, including the issuance and enforcement of support orders. See Delaware Code Title 13 Sec. 116
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Department of Land Use: shall mean the New Castle County Department of Land Use. See Delaware Code Title 10 Sec. 4910
  • Dependent: A person dependent for support upon another.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Development: means redevelopment, revitalization or renovation. See Delaware Code Title 10 Sec. 4979
  • Devise: To gift property by will.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • District: means Regional Planning District of New Castle County, which comprises all that portion of the County not included within the corporate limits of any city or town, unless any territory within such corporate limits is included upon request made by the governing body or authority of any such city or town. See Delaware Code Title 10 Sec. 4934
  • Docket: A log containing brief entries of court proceedings.
  • Donee: The recipient of a gift.
  • Donor: The person who makes a gift.
  • Dower: A widow
  • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Excess water: means the portion of the flow of the water in White Clay Creek which exceeds the low flow of record thereof which shall be determined by the County Council by standard accepted hydrological methods. See Delaware Code Title 10 Sec. 4787
  • Executor: A male person named in a will to carry out the decedent
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grantee: includes every person to whom a freehold estate or interest is conveyed. See Delaware Code Title 6 Sec. 4307
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Income: means income as defined in § 513(b)(5) of this title. See Delaware Code Title 13 Sec. 116
  • Infant: means a person who has not reached the age of 18 years. See Delaware Code Title 6 Sec. 4307
  • Inter vivos: Transfer of property from one living person to another living person.
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Intestate: Dying without leaving a will.
  • issuer: means New Castle County when it acts to issue bonds or to any other taxing body when it issues bonds. See Delaware Code Title 10 Sec. 4979
  • Jurisdiction: means any state, as that term is defined in § 6-102 of this title, or political subdivision, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. See Delaware Code Title 13 Sec. 116
  • Lawful age: means the age of 18 years or older. See Delaware Code Title 6 Sec. 4307
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legatee: A beneficiary of a decedent
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Marital deduction: The deduction(s) that can be taken in the determination of gift and estate tax liabilities because of the existence of a marriage or marital relationship.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Obligee: means :

    a. See Delaware Code Title 13 Sec. 116

  • Obligor: means an individual, or the estate of a decedent:

    a. See Delaware Code Title 13 Sec. 116

  • Original assessed value: means the assessed value as of January 1 of the calendar year in which the resolution creating the TIF District under § 3206(1) of this title becomes effective. See Delaware Code Title 10 Sec. 4979
  • 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.
  • party to a civil union: means an individual who is a party to a civil union established pursuant to this chapter. See Delaware Code Title 12 Sec. 61-603
  • Person: means any architect, builder, contractor, repairman, agent, partner or corporation as well as an individual;

    9 Del. See Delaware Code Title 10 Sec. 5094

  • Person responsible: shall mean the owner and any other person or persons who have control over the property or are responsible for the violation. See Delaware Code Title 10 Sec. 4910
  • Personal property: All property that is not real property.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plan: means the map, plat, or other document verbally or graphically illustrating or describing a plan of subdivision or land development. See Delaware Code Title 10 Sec. 4934
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • 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
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Property: shall mean a lot, plot or parcel of land, including any structures thereon. See Delaware Code Title 10 Sec. 4910
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Recorder of Deeds: means Recorder of Deeds in and for New Castle County. See Delaware Code Title 10 Sec. 4934
  • Regulations: means land subdivision regulations. See Delaware Code Title 10 Sec. 4934
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Structure: shall mean a manmade object having an ascertainable stationary location on land or in water, whether or not affixed to the land. See Delaware Code Title 10 Sec. 4910
  • Subdivider: means any person, or agent thereof, who undertakes the subdivision of land; or any successor to the rights of said person in said land. See Delaware Code Title 10 Sec. 4934
  • Subdivision: means :

    a. See Delaware Code Title 10 Sec. 4934

  • Support order: means a judgment, decree or order, whether temporary, final or subject to modification, for the benefit of a child, a spouse or a former spouse, which provides for monetary support, health care, arrearages or reimbursement, and may include related costs and fees, interest, income withholding, attorney's fees and other relief. See Delaware Code Title 13 Sec. 116
  • Tax increment: means for any tax year the amount by which the assessed value as of January 1 preceding that tax year exceeds the original assessed value. See Delaware Code Title 10 Sec. 4979
  • Testator: A male person who leaves a will at death.
  • Testify: Answer questions in court.
  • TIF District: means an area designated by a resolution described in § 3206(1) of this title. See Delaware Code Title 10 Sec. 4979
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.
  • Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
  • Water supply system: means the plants, structures and other real and personal property, including specifically dams, wells and pipelines, acquired, constructed or operated, or to be acquired, constructed or operated for the collection, storage and wholesale distribution of water for ultimate domestic, commercial and industrial use. See Delaware Code Title 10 Sec. 4787
  • Water treatment and distribution system: means the plants, structures and other real and personal property acquired, constructed or to be acquired, constructed or operated for the treatment and retail distribution of water for domestic, commercial and industrial use. See Delaware Code Title 10 Sec. 4787
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.