Delaware Code Title 19 Sec. 3361 – Special procedure to obtain judgment; notice and lien of judgment; …
(a) As an additional or alternative remedy the Department may issue, under its seal and the hand of the Secretary of Labor of the State, to the prothonotary of the Superior Court in and for any county of this State a certificate that any employer is indebted under this chapter in an amount which must be stated in such certificate. Thereupon the prothonotary shall immediately enter upon the record of docketed judgments the name of the employer, the name of the Department, the amount of the debt certified, a brief description of the employer’s liability under this chapter, and the date of making the entries.
(1) Except as provided under paragraph (a)(2) and subsection (d) of this section, the making of entries under this section have the same force and effect in all respects as the entries of docketed judgments in the office of the prothonotary, and the Department has all the remedies and may take all the proceedings for the collection of the debt which could be had or taken upon a judgment in an action of law upon debt or contract.
(2) Notwithstanding the provisions under §§ 4711 and 4713 of Title 10, the length of a judgment lien obtained under this section is as follows:
a. A judgment lien obtained under this section on or after July 17, 2019, automatically continues for 20 years from the date of the lien’s entry.
b. 1. A judgment lien obtained under predecessor provisions of this section by virtue of a certificate filed before July 17, 2019, and that is within the initial 10 year term as provided under § 4711 of Title 10, continues for 20 years from the original date of the judgment lien’s entry notwithstanding either of the following:
A. That when the certificate was filed, the predecessor provision may have provided for a period of less than 20 years.
B. The provisions under subsection (c) of this section.
2. The Department shall provide notice to the judgment debtor, at the judgment debtor’s last known address, of the length of the judgment lien under paragraph (a)(2)b.1. of this section.
Terms Used In Delaware Code Title 19 Sec. 3361
- Contract: A legal written agreement that becomes binding when signed.
- Department: means the Department of Labor. See Delaware Code Title 19 Sec. 3302
- Employer: means :
(A) (i) Any employing unit which after December 31, 1971,
(I) In any calendar quarter in either the current or preceding calendar year paid for service in employment wages of $1,500 or more, or
(II) For some portion of a day in each of 20 different calendar weeks, whether or not such weeks were consecutive, in either the current or preceding calendar year, had in employment at least 1 individual (irrespective of whether the same individual was in employment in each such day);
(ii) Any employing unit for which agricultural labor as defined in paragraph (11)(A)(vii) of this section is performed after December 31, 1977;
(iii) Any employing unit for which domestic service as defined in paragraph (11)(B) of this section is performed after December 31, 1977;
(iv) (I) In determining whether or not an employing unit for which service other than domestic service is also performed is an employer under paragraphs (8)(A)(i) and (ii) of this section the wages earned or the employment of an employee performing domestic service after December 31, 1977, shall not be taken into account;
(II) In determining whether or not an employing unit for which service other than agricultural labor is also performed is an employer under paragraphs (8)(A)(i) and (iii) of this section, the wages earned or the employment of an employee performing service in agricultural labor after December 31, 1977, shall not be taken into account. See Delaware Code Title 19 Sec. 3302
- Lien: A claim against real or personal property in satisfaction of a debt.
- 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
- Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302
(b) The debt, from the time of the docketing thereof, is a lien on and binds the lands, tenements, and hereditaments of the debtor. Promptly upon the entry of the debt as a judgment the prothonotary shall send by registered letter to the debtor, at the debtor’s last known address within this State, notice of the entry of the judgment together with the amount.
(c) Within 10 days from the date of the notice, the debtor may file a petition in the Superior Court to review the legality or validity of the indebtedness, and upon the filing of the petition all proceedings on the judgment shall be stayed until the final determination of the cause. The review under this subsection is limited to the correct amount of the indebtedness or the correct identity of the debtors.
(d) (1) Notwithstanding the provisions under §§ 4711 and 4713 of Title 10, the Department may renew and extend the lien of a judgment for a term of 20 years by filing a renewal certificate under paragraph (d)(2) of this section in the office of the prothonotary of Superior Court of any county of this State, under the Department’s seal and the hand of the Secretary, before the expiration of the 20 year term under paragraph (a)(2) of this section.
(2) A renewal certificate under paragraph (d)(1) of this section must contain all of the following:
a. A statement that the employer remains indebted under this chapter in the amount stated in the renewal certificate.
b. The name and last known address of the employer liable for the amount stated in the renewal certificate.
c. The amount due.
d. A statement that 15 days or more before filing the renewal certificate, the Department provided the judgment debtor with notice of the renewal and extension of the lien of a judgment to the judgment debtor’s last known address.
e. A statement that the Department has complied with all provisions under this title in preparing the renewal certificate.
(3) The prothonotary of Superior Court shall immediately enter the filed renewal certificate upon the record of docketed judgments.
(4) An entry upon the record of docketed judgments under this subsection has the same force and effect in all respects as other entries of docketed judgments filed in the office of the prothonotary of Superior Court, and the Department has all of the remedies and may take any of the proceedings for collection of the debt entered under this subsection which can be had or taken upon a judgment in an action of law upon debt or contract.
41 Del. Laws, c. 258, § ?14; 43 Del. Laws, c. 280, § ?20; 44 Del. Laws, c. 208, § ?6; 19 Del. C. 1953, § ?3361; 57 Del. Laws, c. 669, §§ ?5B, 5I; 70 Del. Laws, c. 186, § ?1; 82 Del. Laws, c. 129, § 3;