CHAPTER 104

FORMERLY

HOUSE BILL No. 265

AN ACT TO AMEND TITLE 10, DELAWARE CODE, BY AMENDING SECTIONS 3504(a) AND 3904 THEREOF RELATING TO CERTAIN SUITS, JUDGMENTS AND ATTACHMENTS BY AND AGAINST UNINCORPORATED ASSOCIATIONS INCLUDING PARTNERSHIPS.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Amend Section 3504 of Title 10, Delaware Code, by striking subsection (a) of said section and by inserting in lieu thereof a new subsection (a) to read in its entirety as follows:

§ 3504. Unincorporated association subject to attachment and garnishment

(a) A writ of attachment may be issued in any action brought against any unincorporated association of persons, including a partnership, by its common name. Service of process of such attachment may be made on any officer, director, manager, agent or employee of such unincorporated association, or on any agent authorized by law to accept service of process.

Section 2. Amend Section 3904 of Title 10, Delaware Code, by striking said section and inserting in lieu thereof a new Section 3904 to read in its entirety as follows:

§ 3904. Suits and judgments by and against unincorporated associations

An unincorporated association of persons, including a partnership, using a common name may sue and be sued in such common name and a judgment recovered therein shall be a lien like other judgments, and may be executed upon by levy, seizure and sale of the personal and real estate of such association, and also that of the persons composing such association in the same manner with respect to them as if they had been made parties defendant by their individual names. Satisfaction thereof may also be obtained by attachment process.

Section 3. This Act shall become effective on July 1, 1973.

Section 4. All rights, privileges and immunities vested or accrued by and under any laws enacted prior to the adoption or amendment of this Act, all suits pending, all rights of action conferred, and all duties, restrictions, liabilities and penalties imposed or required by and under laws enacted prior to the adoption or amendment of this Act, shall not be impaired, diminished or affected by this Act.

Approved June 25, 1978.