TITLE 10

Courts and Judicial Procedure

Procedure

CHAPTER 35. ATTACHMENTS


A writ of domestic attachment may be issued against an inhabitant of this State upon proof satisfactory to the court that the defendant cannot be found, or that the defendant is justly indebted to the plaintiff in a sum exceeding $50, and has absconded from the defendant's usual place of abode or is about to leave the State or has gone out of the State with intent to defraud his or her creditors or to elude process.

Code 1852, § 2264; Code 1915, § 4118; Code 1935, § 4606; 10 Del. C. 1953, § 3501; 52 Del. Laws, c. 341; 70 Del. Laws, c. 186, § 1.;

(a) All corporations doing business in this State, except as specified in subsections (b) and (c) of this section, are subject to the operations of the attachment laws of this State, as provided in the case of individuals. A corporation shall be liable to be summoned as garnishee.

(b) Banks, trust companies, savings institutions and loan associations, except only as to a wage attachment against the wages of an employee of the bank, trust company, savings institution or loan association, shall not be subject to the operations of the attachment laws of this State.

(c) Insurance companies, except as to moneys due in consequence of the happening of the risk provided for in the policy of insurance or a wage attachment against the wages of an employee of the insurance company, shall not be liable to attachment.

14 Del. Laws, c. 90; 16 Del. Laws, c. 140; 18 Del. Laws, c. 681; Code 1915, § 4120; 30 Del. Laws, c. 226; Code 1935, § 4608; 10 Del. C. 1953, § 3502; 52 Del. Laws, c. 341; 65 Del. Laws, c. 49, § 1; 70 Del. Laws, c. 327, § 48.;

(a) The attachment laws of this State shall apply to employees of the State, or of any county, district or municipality with the same force and effect as they apply to other individuals. Any officer of the State, or of any county, district or municipality, whose duty it is to pay such employees compensation from funds of the State, county, district or municipality for any services rendered by such employees to the State, county, district or municipality may be summoned to appear and answer as other garnishees are required to do.

(b) The term "employee" as used in subsection (a) of this section includes any and every person performing any and every form of labor and work for the State, county, district or municipality for compensation.

42 Del. Laws, c. 152, §§ 1, 2; 10 Del. C. 1953, § 3503; 52 Del. Laws, c. 341.;

(a) A writ of attachment may be issued in any action brought against any unincorporated association of persons, including a partnership, by using its common name. Service of process of such attachment may be made on any officer, director, manager, agent or employee of such unincorporated association, or on any agent authorized by law to accept service of process.

(b) Any sheriff, constable or other officer, executing any writ of attachment under the provisions of this section may attach the lands and tenements, goods and chattels, rights and credits, and moneys and effects of the defendant association and may also attach the lands and tenements, goods and chattels, rights and credits, and moneys and effects of any or all of the individuals composing such association in the same manner as if they had been made parties defendant by their individual names.

26 Del. Laws, c. 267, §§ 1-5; Code 1915, § 4121; 30 Del. Laws, c. 227; Code 1935, § 4609; 10 Del. C. 1953, § 3504; 52 Del. Laws, c. 341; 59 Del. Laws, c. 104, § 1.;

A writ of attachment may be issued in any action brought against any person who has issued a worthless check against an account in which there are not sufficient funds to pay such check, or where the person has issued slips or memoranda in settlements, which have not been paid.

27 Del. Laws, c. 281; Code 1915, § 4141; Code 1935, § 4629; 10 Del. C. 1953, § 3505; 52 Del. Laws, c. 341.;

A writ of foreign attachment may issue against any individual not an inhabitant of this State on any cause of action after proof satisfactory to the court that the defendant cannot be found, that the defendant resides out of the State, and that plaintiff has a good cause of action against the defendant in a sum exceeding $50.

Code 1852, § 2290; 16 Del. Laws, c. 533; Code 1915, § 4142; Code 1935, § 4630; 10 Del. C. 1953, § 3506; 52 Del. Laws, c. 341.;

A writ of foreign attachment may be issued against any corporation, aggregate or sole, not created by or existing under the laws of this State upon proof satisfactory to the court that the defendant is a corporation not created by, or existing under the laws of this State, and that the plaintiff has a good cause of action against the defendant in an amount exceeding $50.

11 Del. Laws, c. 426; 15 Del. Laws, c. 181; 15 Del. Laws, c. 182, §§ 1-3; Code 1915, § 4143; Code 1935, § 4631; 10 Del. C. 1953, § 3507; 52 Del. Laws, c. 341.;

Goods, chattels, rights, credits, moneys, effects, lands and tenements may be attached under this chapter.

10 Del. C. 1953, § 3508; 52 Del. Laws, c. 341.;

If any garnishee, duly summoned shall not appear as required, the garnishee may be compelled, by attachment, to appear and answer or plead. The plaintiff may be compelled to pay a fee to the garnishee in such amount as may be fixed from time to time by rule of the Superior Court.

An employer shall not dismiss an employee because the employer was summoned as garnishee for the employee.

10 Del. C. 1953, § 3509; 52 Del. Laws, c. 341; 57 Del. Laws, c. 589; 70 Del. Laws, c. 186, § 1.;

If it be shown to the court that any garnishee, summoned or to be summoned thereon, is not an inhabitant of the county where the attachment is pending, or is about to leave the county, then a capias may issue against such garnishee to hold the garnishee to bail for garnishee's appearance at court to answer or plead.

10 Del. C. 1953, § 3510; 52 Del. Laws, c. 341; 70 Del. Laws, c. 186, § 1.;

All sales under this chapter shall be good against the defendant or the defendant's executors, administrators and assigns. Any transfer or assignment of the property after attachment shall be void, and after the sale of the property is made and confirmed the purchaser shall be entitled to and have all the right, title and interest of the defendant in and to the property so attached and sold, and such sale and confirmation shall transfer to the purchaser all the right, title and interest of the defendant in and to the property as fully as if the defendant had transferred the same to the purchaser in accordance with law. If action is brought against any officer or other person acting under the authority of this chapter, it shall be a good defense that his or her act was done in compliance with this chapter and in accordance with the applicable rules of court.

10 Del. C. 1953, § 3511; 52 Del. Laws, c. 341; 70 Del. Laws, c. 186, § 1.;

The Superior Court may make all necessary rules respecting the form of process, the manner of issuance and return thereof, modes of proof, manner of seizure of property, sale of perishable property, appointment and duties of auditors, the release of property from attachment and the sale of property so seized, and all other matters relating to attachment proceedings, and may require the plaintiff to give approved security to indemnify the defendant for defendant's costs, losses and damages resulting from the attachment.

10 Del. C. 1953, § 3512; 52 Del. Laws, c. 341; 70 Del. Laws, c. 186, § 1.;

Except where otherwise expressly provided, the Rules of the Superior Court shall govern the procedures in all attachments issued by justices of the peace and other inferior courts. The Superior Court, upon the motion of any defendant or tenant whose property, rights or credits may be attached under any mesne process of attachment issued by a justice of the peace or other inferior court, shall investigate the proofs required by law to be made and filed before the issuing of such process. If upon such investigation the Court considers that there was not sufficient grounds for the attachment, the property, rights and credits attached shall be discharged.

10 Del. C. 1953, § 3513; 52 Del. Laws, c. 341.;