§ 4751 Time for entry; penalty for failure to satisfy; jurisdiction.
(a) Every person to whom a sum is due by judgment, who receives satisfaction of the same, shall forthwith cause such satisfaction to be entered upon the record of the judgment.
(b) Whoever being the holder of a judgment wilfully fails to satisfy a judgment upon the record as required by subsection (a) of this section, shall be fined not more than $500 for each such failure.
(c) The Superior Court shall have jurisdiction of offenses under this section.
Code 1852, § 2410; Code 1915, § 4305; Code 1935, § 4777; 10 Del. C. 1953, § 4751; 55 Del. Laws, c. 341, § 1.;
§ 4752 Exceptions to § 4751.
Section 4751 of this title does not extend to cases where a sum due by judgment is received from the sheriff or other officer on execution. It does not extend to a judgment of a justice of the peace or the Court of Common Pleas unless a transcript thereof is entered in the Superior Court, in which case satisfaction shall be there entered.
Code 1852, § 2411; Code 1915, § 4306; Code 1935, § 4778; 10 Del. C. 1953, § 4752.;
§ 4753 Persons making and signing entry.
Satisfaction shall be entered by the legal holder of the judgment of such satisfaction upon the record of the judgment. Such entry shall be signed by the holder of such judgment or the holder’s attorney of record, or the holder’s attorney duly constituted, or, when a corporation is the holder, by any officer or the cashier or assistant cashier of the corporation or the attorney thereof duly constituted and attested by the prothonotary.
§ 4754 Penalty for failure to enter within time limit.
Any person who commits a default under § 4751 of this title, and such person’s executors or administrators, in addition to other penalties, shall be liable to the defendant in the judgment, or the executors or administrators of such defendant, in damages, to be recovered in a civil action. The damages shall be not less than $10, nor more than $500, except when special damages to a larger amount are alleged in the complaint and proved.
§ 4755 Officer holding execution; return of payments or settlement.
(a) When the sheriff or other officer, to whom an execution is directed, levies or receives the sum due thereon, or any part thereof, or obtains a settlement of the execution, such officer shall make return of such receipt or settlement, under his or her hand, endorsed upon the execution, with the sum and date of each payment, if the execution is not fully satisfied. If the receipt or settlement is after the execution is returned, it shall be certified, within 30 days thereafter, to the prothonotary in whose office the execution is. In such latter case, the prothonotary shall annex the certificate to the execution. The prothonotary shall enter every return of payment or settlement upon the docket of the execution. If the judgment is thus satisfied, the prothonotary shall also note it on the record of such judgment.
(b) This section does not extend to an execution issued by a justice of the peace or the Court of Common Pleas.
Code 1852, § 2414; Code 1915, § 4309; Code 1935, § 4781; 10 Del. C. 1953, § 4755; 70 Del. Laws, c. 186, § 1.;
§ 4756 Real estate sold on execution; return of officer; duty of prothonotary.
The sheriff or other officer having sold real estate by virtue of execution process, in such officer’s return to such process, shall show expressly to what lien or liens the money arising from the sale thereof has been applied and how much has been applied to each lien. If for any cause the sheriff or other officer shall not be able to make a proper return by the return day fixed, the Court shall, upon application made by the officer, give further time for making such return, and when the return has been made, the prothonotary shall cause satisfaction to be entered upon the record of such judgment or judgments as have been paid by such proceeds of sale, and where the sum applicable to any lien is not sufficient to pay the same, in that case to note as a credit, on the record thereof, the amount applied thereto by such return.
§ 4757 Testatum fi. fa. or transcript of judgment in another county; duties of prothonotary.
(a) Whenever there is any judgment in any county of this State, against any person, upon which a testatum fi. fa. has been issued and recorded in another county, or a transcript of the same has been so made and recorded, and the judgment upon which the testatum fi. fa. has been issued, or that of which a transcript has been made and recorded as heretofore prescribed, has been satisfied, the prothonotary for the county where such original judgment is or shall be, within 30 days after such satisfaction, shall certify the fact of such satisfaction to the prothonotary of the county where the testatum fi. fa. or transcript, has been recorded. Upon the receipt of such certificate the prothonotary of the county where the testatum fi. fa. or transcript has been recorded shall write the fact of such satisfaction, within 2 days thereafter, upon the record where the testatum fi. fa. or the transcript, is or shall be recorded.
(b) If any prothonotary refuses or neglects to perform any of the duties enjoined upon the prothonotary by this section, the prothonotary shall be liable in damages to any person injured by such default in a civil action. Such damages shall not be less than $10 nor more than $50, except when special damages to a larger amount are alleged in the complaint and proved.
§ 4758 Penalties for violations or neglect of duty by officers.
If any prothonotary or sheriff refuses or neglects to perform any of the duties enjoined upon such officer by §§ 4755-4757 of this title, he or she shall be liable in damages to any person, injured by such default, in a civil action. Such default shall also be a breach of such officer’s official obligation or recognizance, as the case may be.
Code 1852, § 2415; Code 1915, § 4312; Code 1935, § 4784; 10 Del. C. 1953, § 4758; 70 Del. Laws, c. 186, § 1.;
§ 4759 Compelling entry on record.
Where judgments are liens upon real estate and the same have been paid, and the obligee or plaintiff or his or her executors, administrators or assigns refuses or neglects to enter satisfaction of such judgment on the record thereof in the office where the same is entered, such satisfaction of such judgment may be compelled or be ordered to be entered on the record according to the provisions of § 2115 of Title 25.
§ 4760 Entry by nonresident.
(a) Any nonresident person to whom a sum is due by judgment, shall appear at the office where such judgment is recorded, within 30 days after a notice has been given to the person to whom the sum is due, by the person owing such sum by judgment, to receive satisfaction, and at the same time enter satisfaction on the record of such judgment. If the nonresident neglects or refuses to appear in person or by power of attorney within the time specified, then the person owing the sum by such judgment may deposit the amount due upon such judgment, in any state or national bank having its principal place of business in the State, subject to the order of such nonresident. The cashier of the bank shall give to the depositor a certificate stating the amount deposited in the name of the nonresident and upon the presentation of this certificate, at the office where such judgment is recorded, the officer in charge of such office shall enter full satisfaction upon the record, and shall write upon the record the manner in which the judgment is satisfied, and shall retain the certificate or a duplicate of the same in the office.
(b) A notice, by mail or by person, to a nonresident creditor shall be deemed and taken as sufficient notice. This section, however, shall not bar any nonresident from correcting any errors or omissions in any payments due to such nonresident by suit or otherwise.