SENATE SILL NO. 21
AN ACT TO AMEND CHAPTER 47, PART III, TITLE 10 OF THE DELAWARE CODE RELATING TO JUDGMENTS; AND PROVIDING FOR A UNIFORM ENFORCEMENT OF FOREIGN JUDGMENTS ACT.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Chapter 47, Part III, Title 10 of the Delaware Code by adding thereto a new subchapter, designated as Subchapter V, which new subchapter shall read as follows:
"SUBCHAPTER V. ENFORCEMENT OF FOREIGN JUDGMENTS
In this chapter the words "foreign Judgment" shall mean any judgment, decree or order of a Court of the United States or of any other Court which is entitled to full faith and credit in this State.
§4782. Filing and Status of Foreign Judgments
A copy of any foreign judgment authenticated in accordance with an act of Congress, or the statutes of this State, may be filed in the office of any prothonotary of this State. The Prothonotary shall treat the foreign judgment in the same manner as a judgment of the the Superior Court of this State. A judgment so filed has the same effect and is subject to the same procedures, defenses and proceedings for re-opening, vacating or staying, as a judgment of the Superior Court of this State and may be enforced or satisfied in like manner.
§4783. Notice of Filing
(a) At the time of the filing of the foreign judgment, the judgment creditor or his attorney shall make and file with the prothonotary an affidavit setting forth the name and last-known post office address of the judgment debtor, and the judgment creditor.
(b) Promptly upon the filing of the foreign judgment and the affidavit, the prothonotary shall mail notice of the filing of the foreign judgment to the judgment debtor at the address given, and shall make a note of such mailing in the docket. The notice shall include the name and post office address of the judgment creditor and the judgment creditor's attorney, if any, in this State. In addition, the judgement creditor may mail a notice of the filing of the judgment to the judgment debtor, and may file proof of such mailing with the prothonotary. Lack of a mailing of the Notice of Filing by the
prothonotary shall not affect the enforcement proceedings, If proof of mailing by the judgment creditor has been filed.
(c) No execution, or other process for enforcement of a foreign judgment filed hereunder, shall issue until twenty days after the judgement is filed.
If the judgment debtor shows the Court that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the Court shall stay enforcement of the foreign judgement until the appeal is concluded, the time for appeal expires, or the stay of execution expires or Is vacated, upon proof that the judgment debtor has furnished security for the satisfaction of the Judgment as required by the State in which it was rendered.
If the judgment debtor shows the Court any ground upon which enforcement of a judgment of the Superior Court of this State would be stayed, the Court shall stay enforcement of the foreign judgment for an appropriate period, upon requiring the same security for satisfaction of the judgment which Is required in Lila State.
Any person filing a foreign judgment shall pay to the prothonotary the same amount as is required for the filing of a civil action in the Superior Court of this State. Fees for docketing, transcription or other enforcement proceedings shall be u provided for judgments obtained in the Superior Court of this State.
§4786. Optional Procedure
The right of a judgment right creditor to bring an action to enforce his Judgment, instead of proceeding under this subchapter, remains unimpaired.
§4787. Short Title
This subchapter may be cited as the Uniform Enforcement of Foreign Judgments Act."
Approved June 30, 1986.