Delaware Code Title 9 Sec. 4526 – Issuance and form of writ of venditioni exponas
(a) At any time after the expiration of 20 days following the return of the sheriff upon the monition, unless before the expiration of the 20 days the judgment and cost on the judgment shall be paid or evidence of the payment of such service charges evidenced by a receipted service charge bill or a duplicate thereof bearing date therefore prior to the filing of the lien for record in the office of the prothonotary, upon application in writing by the tax collecting authority, a writ of venditioni exponas shall issue out of the office of the prothonotary directed to the sheriff commanding the sheriff to sell the property mentioned or described in the writ and make due return of such proceedings thereunder in the same manner as is now applicable with respect to similar writs of venditioni exponas issued out of the Superior Court. The property shall be described in the writ under the description thereof as it appears on the assessment rolls and by metes and bounds where obtainable, but nothing herein contained shall be construed to invalidate a writ or a sale pursuant thereto containing only the description as it appears on the assessment rolls or a writ bearing only a description by metes and bounds.
Terms Used In Delaware Code Title 9 Sec. 4526
- 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
- dollars: means lawful money of the United States. See Delaware Code Title 1 Sec. 302
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
- United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 1 Sec. 302
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(b) The writ shall be substantially in the following form:
“KENT COUNTY, SS.
The State of Delaware.
TO THE SHERIFF OF KENT COUNTY,
GREETINGS:
WHEREAS, by a Monition issued out of the Superior Court dated at ________________, the ________________ day of ________________________________ A.D. 20 ________, IT WAS COMMANDED, that you should post the said Monition or copy thereof upon the real estate therein mentioned and described, and make a return to the said Superior Court within 10 days after said posting. That on the ________________ day of ________________________________ A.D. 20 ________, you returned that a copy of the said Monition was posted on the real estate therein mentioned and described on the ________________ day of ________________________________, A.D. 20 ________
We therefore now command you to expose to public sale, the real estate mentioned and described in said Monition as follows: ________________________________ And that you should cause to be made as well a certain debt of ________________ Dollars ($ ________________) lawful money of the United States, which to the said Receiver of Taxes for Kent County, is due and owing, as also the sum of ________________ Dollars ($ ________________) lawful money as aforesaid, for its costs, which it has sustained by the detaining of that debt, whereof the said ________________________________ was convicted as it appears of record and against which said property it is a lien:
And have you that money before the Judges of our Superior Court at ________________________________, on Monday the ________________________________ day of Next, to render to the Receiver of Taxes for Kent County as aforesaid, for its debt and costs as aforesaid, and this writ:
WITNESSETH, the Honorable ________________________________ at ________________, the ________________ day of ________________ A.D. 20 ________.
________________________________________________________________Prothonotary
Issued:”
(c) The description contained in such monition shall be a sufficient description of the real estate to be sold under such writ.