Delaware Code Title 9 Sec. 4523 – Praecipe; judgment; monition
(a) The tax collecting authority may file a praecipe in the office of the prothonotary of the Superior Court in and for the county where the property is located.
Terms Used In Delaware Code Title 9 Sec. 4523
- County: means Kent County;
(2) "Revenue bonds" means bonds to the payment of which all or any part of the revenues derived from the operation of any water system are pledged in accordance with this chapter;
(3) "Service charges" means rents, rates, fees or other charges charged or collected under § 4509 of this title;
(4) "Water system" means all real and personal property necessary or useful in the collection, acquisition, treatment, purification and distribution of water, together with any principal or ancillary rights appurtenant thereto. See Delaware Code Title 9 Sec. 4501
- Docket: A log containing brief entries of court proceedings.
- 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 praecipe shall contain the name of the person against whom the service charges sought to be collected were assessed, a copy of the bill or bills showing the amount of service charges due, and the property against which the service charges were assessed. The description of the property, as the same appears upon the assessment rolls of the county where the property is located, shall be a sufficient identification and description of the property. Thereupon the prothonotary shall make a record of the same on a special judgment docket of the Superior Court against the property mentioned or described in the praecipe which record shall consist of the following:
(1) The name of the person in whose name the assessment was made;
(2) The description of the property as the same shall appear upon the assessment rolls;
(3) The year or years for which the service charges are due and payable;
(4) The date of the filing of such praecipe;
(5) The amount of the judgment, the same being the amount set forth in the praecipe.
Such judgment shall be indexed in the judgment docket itself under the hundred in which the property is located as the location appears upon the assessment rolls so prepared, and under the hundred by communities where the name of the community appears upon the assessment rolls so prepared, and by referring to the page in the judgment docket whereon the record shall appear.
(c) Thereafter upon a praecipe for monition filed in the office of the prothonotary by the tax collecting authority, a monition shall be issued by the prothonotary to the sheriff of the county where the property is located, which monition shall briefly state the amount of the judgment for the service charges due and the years thereof, including accrued penalty thereon, together with a brief description of the property upon which the service charges are a lien. A description of the property as it appears upon the assessment rolls shall be sufficient.