SENATE BILL NO. 231
AS AMENDED BY
SENATE AMENDMENT NO. 1
AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO JUSTICE OF THE PEACE CONSTABLES AND PROCEDURE IN JUSTICE OF THE PEACE COURTS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend subsection (a) of §2802, Title 10 of the Delaware Code by striking
the word "all" and by substituting in lieu thereof the word "the".
Section 2. Amend subsection (c) of §9501, Title 10 of the Delaware Code by striking
the words "and constables" and by substituting in lieu thereof a comma ',' followed by the words "constables and persons specially authorized by the Chief Magistrate or the Chief Magistrate's designee".
Section 3. Amend subsection (b) of §9524, Title 10 of the Delaware Code by
inserting the words "or duly authorized special process server" after "Constable" and before "or", and by inserting the words "or the special process server's" after the word "Constable's" and before the word "affidavit".
Section 4. Amend subsection (a) of §9546, Title 10 of the Delaware Code by
inserting the words "of the peace court" after the word "justice" and before "rendered".
Section 5. Amend subsection (a) of §9547, Title 10 of the Delaware Code by
inserting the words "of the peace court" after "justice" and before "rendering" and after "justice" and before the comma and by striking the word "whom" and adding in lieu thereof "which".
Section 6. Strike §9548, Title 10 of the Delaware Code entitled "Form of Execution
Process" in its entirety by substituting in lieu thereof the following:
"§9548. Form of Execution Process.
The form of execution process will be as prescribed by the Court and shall be issued in the manner provided by law."
Section 7. Strike present §9552, Title 10 of the Delaware Code, entitled "Delivery of
Execution to Constable or Sheriff', in its entirety and by substituting in lieu thereof the following:
"§9552. Time of Binding of Goods and Chattels by Execution; Duration of Lien.
An execution shall not bind goods and chattels until it is delivered to the constable or other officer to be executed. An execution shall, from the time it is so delivered, bind all the goods, and chattels of the defendant, within the bailiwick of such constable or other officer which are actually levied upon within thirty (30) days thereafter. No levy upon goods and chattels, made by virtue of execution process, shall be of any force or effect as against a subsequent execution levied upon the same goods and chattels for a longer period than two (2) years from the making of such first mentioned levy."
Section 8. Strike present §9553, Title 10 of the Delaware Code entitled "Levy;
inventory; appraisement; binding effect of execution," in its entirety and by substituting in lieu thereof the following:
"0553. Levy; Inventory; Appraisement.
(a) The goods and chattels seized by virtue of an execution issued by a justice of the
peace court shall be inventoried and appraised by the officer levying the same.
(b) The property which any debtor is entitled to have set apart under any exemption
law of the State shall be set apart and delivered to the debtor at the time when the levy and appraisement is made, in the manner provided by law if requested by the debtor pursuant to Chapter 49 of this Title."
Section 9. Amend subsection (a) of §9554, Title 10 of the Delaware Code by adding
the word "court" after "peace" and before "shall".
Section 10. Strike present §9555, Title 10 of the Delaware Code entitled "Duration of
Lien of Levy" and by substituting in lieu thereof the following:
19555. Priority of Liens.
If several executions against the same defendant are delivered on the same day, the first delivered shall have priority. If several executions against the same defendant are delivered together, they shall have priority according to their respective numbers."
Section 11. Strike present §9556, Title 10 of the Delaware Code entitled "Return of
Execution" in its entirety and by substituting in lieu thereof, the following:
"0556. Duty of Constable or Sheriff Upon Receipt of Execution; Return of
(a) A constable, or other officer, receiving an execution, shall, in a docket, set down
the date of receiving it; and when several executions are delivered on the same day, the docket shall show the order in which they are received. The constable or other officer shall also endorse upon an execution, immediately on receiving it, the precise time the officer received delivery of the execution.
(b) The officer to whom an execution issued by a justice of the peace court is
delivered, shall duly return it with a certificate of all the officer's proceedings, and a statement of the officer's fees, giving the items.
(c) If no levy is made, the reason shall be given.
(d) If the levy has been made, an inventory and appraisement shall be returned, and
shall state as whose property the goods and chattels were seized in execution.
(e) In case of a sale the list of the goods and chattels sold, with the amount thereof,
shall be returned."
Section 12. Repeal §9568, Title 10 of the Delaware Code, "Filing of Abstract of
Approved July 14, 1995