CHAPTER 352

FORMERLY

SENATE BILL NO. 514

AN ACT TO AMEND CHAPTER 49, TITLE 10 OF THE DELAWARE CODE RELATING TO EXEMPTION AND ATTACHMENT OF WAGES.

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

Section 1. Amend §4913, Chapter 49, Title 10 of the Delaware Code, by striking said section in its entirety and substituting in lieu thereof a new §4913 to read as follows :

§4913. Exemption and attachment of wages

(a) Eighty-five per cent (85%) of the amount of the wages for labor or service of any person residing within the State of Delaware, shall be exempt from mesne attachment process and execution attachment process under the laws of this State. And except where the execution process is for a fine or costs or taxes due and owing to this State.

(b) On any amount of wages due for a stated and regular period, not exceeding one month, for the payment of such wages, only one attachment may be made ; any creditor causing such attachment to be made, shall have the benefit of his priority, until attachment is paid in full. The costs, incurred in the laying of any attachment under this section, shall be paid out of the whole amount of the wages attached. Only one lay is to be made for any attachment.

(c) Wages shall include salaries, commissions and every other form of remuneration paid to an employee by an employer for labor or services, but shall not include payment made for services rendered by a person who is master of his own time and effort.

Approved June 7, 1974.