HOUSE BILL NO. 253
AN ACT TO AMEND CHAPTER 13, TITLE 10 OF THE DELAWARE CODE RELATING TO TRANSFER OF JUDGMENTS FROM THE COURT OF COMMON PLEAS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section I. Amend §1325(a), Title 10 of the Delaware Code by deleting the second sentence of subsection (a) in its entirety and substituting in lieu thereof the following sentence:
"The judgment shall not constitute a lien upon real estate, but a transcript thereof may be filed in the office of the Prothonotary of the Superior Court in any or all of the three counties of the State upon request therefor to the Clerk by the judgment creditor in the judgment, without necessity of a motion or order, and the Prothonotary shall enter in the 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 such filing and entry."
Section 2. Amend § 1325, Title 10 of the Delaware Code by adding the following sentence at the end of subsection (a):
"The Prothonotary, in his or her discretion, may allow transfer of judgments as provided in this subsection to be accomplished by electronic means."
Section 3. Amend §1325, Title 10 of the Delaware Code by adding the following new subsection (c):
"(c) Once a judgment has been transferred as provided in subsection (a) of this section, the Court 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 July 13, 1998