CHAPTER 230 - JUSTICES JURISDICTION IN CIVIL CASES FOR DEBT EXECUTION

AN ACT TO AMEND CHAPTER 121, REVISED CODE OF DELAWARE, 1935, ENTITLED "JUSTICES' JURISDICTION IN CIVIL CASES FOR DEBT," RELATING TO EXECUTION; BY CHANGING THE TIME WHEN THE EXECUTION IS RETURNABLE.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That Chapter 121, Revised Code of Delaware, 1935, be and the same is hereby amended by striking out and repealing all of 4509. Sec. 20 thereof and inserting in lieu thereof the following new section, to be known and styled as 4509. Sec. 20.

4509. Sec. 20. Execution; by Whom Issued; Date; When Returnable; Return of "No Goods" When; Form Of; Attachment Clause; Form Of; Date of Garnishee's Appearance; Exemptions as to Answer; Variations of Forms Prescribed; When Execution May be Directed to Sheriff:—Process of execution may be issued by the justice rendering a judgment, or by any other justice of the same County, with whom the docket containing such judgment may be deposited, or a duly certified transcript of the record of such judgment shall be filed.

It shall bear date of the day it is issued, and shall be made returnable on a day certain, not more than sixty, nor less than thirty days, thereafter; but a return of "no goods" may be made after two days from its date. It shall be according to this form:

"____________ County, SS. The State of Delaware.

To any constable of said County, greeting:

We command you that you levy and make of the goods and chattels of A.B., in your bailiwick, the sum of _________ which C.D., on the ________ day of 19___ by the judgment of E.F., one of our justices of the peace for the said County, recovered against him, with legal interest from the _________, and the further sum of _________ for costs of suit, with your fees on this process (and that for want of sufficient goods and chattels of A.B., you levy and make said sums, or any unsatisfied balance thereof, of the goods and chattels of G.H., surety of record, for the payment of the judgment aforesaid in your bailiwick;) and that you return this execution, with your doings hereon plainly set forth, to ______ one of our justices of the peace for the County aforesaid, on _________ the _______ day of ____ .

Witness the hand and seal of the L.S. ______ Justice last named _____day of ________ A D. 19___ ."

If there be no surety of record, the above clause relative to such surety shall be omitted; and it may be omitted if the creditor so direct, and no objection shall ever be taken by the defendant to such omission.

A clause for attaching debts owing to the defendant, may be added to the execution, if requested, as follows:

"And we further command you to summon any garnishees of the said A.B., found in your bailiwick, to appear before ____ one of our justices of the peace for the County aforesaid, at his office in _____ on the ______ day of _____ 19___, at ____ o'clock, in the _____ to answer what goods, chattels, rights, credits, money, or effects of the said A.B., may be in their hands respectively."

The day fixed for the garnishees' appearance shall not be less than five days from the date, nor shall it be after the return day of the execution.

But no garnishee summoned on any execution, or other attachment, shall be bound to plead, or answer, touching any credits, money, or rights, arising from any agreement, or contract, for personal labor, hire, or service of the defendant, which came to his hands after he was so summoned to answer.

The above form, and all forms prescribed by law shall be varied to suit the case of several plaintiffs, or defendants, or of female plaintiffs, or defendants, or of several sureties, or bail, or of parties being in a representative character.

And whenever the principal amount of the judgment shall exceed fifty dollars, inclusive of interest, but exclusive of costs of suit, the execution may be directed to the Sheriff.

Approved March 7, 1941.