CHAPTER 35

FORMERLY

HOUSE BILL NO. 103

AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO THE TRANSFER OF JUDGMENTS FROM THE JUSTICE OF THE PEACE COURTS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 9569(a), Title 10 of the Delaware Code as follows:

(1) Delete subsection "(a)" in its entirety and substitute in lieu thereof the following:

"(a) Judgments entered into the judgment docket in the Justice of the Peace courts shall not constitute a lien upon real estate, but the judgment creditor may file a duly certified transcript of the docket entries of the judgment in the office of the Prothonotary of the Superior Court in any or all of the three counties of the State and the Prothonotary shall enter in his or her judgment docket the names of the parties, the amount of the judgment, the name of the court in which the judgment was recovered, the time from which interest runs, and the amount of the costs, with the true date of filing and entry. The Prothonotary, in his or her discretion, may allow transfer of judgments as provided in this subsection to be accomplished by electronic means."

Section 2. Amend § 9569, Title 10 of the Delaware Code by adding the following subsection (d):

"(d) Once a judgment has been transferred as provided in subsection (a) of this section, the Justice of the Peace Courts shall retain jurisdiction for purposes of all post-judgment proceedings with the exception of execution upon the judgment and/or the sale of real estate."

Approved May 22, 1997