HOUSE BILL NO. 229
AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO LIENS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :
Section 1. Amend Subchapter XIV, Chapter 49, Title 10 of the Delaware Code by adding thereto a new section, designated as § 5095, which shall read as follows:
“§ 5095. Mistaken Identity of Judgment Debtor
Where a judgment is entered upon the wrong person by any Court by reason of mistaken identity, that person shall at anytime after the entry be permitted to petition the Court that entered the judgment to challenge the validity of the judgment entered against him. If the court determines that a judgment against such person was erroneously entered, the court shall issue an order correcting the error in whatever manner it deems appropriate to correct the mistake, including the release of any liens against real estate and personal property.”
Approved June 28,1999