Title 10, Courts and Judicial Procedure

§ 4715. Scire facias for extension of lien. (a) In all cases where no agreement for the renewal and extension of the lien of judgments, as provided for in this subchapter, has been minuted and certified, the plaintiff or plaintiffs in such judgments or the assignee or assignees t…

§ 4716. Cases in which the 10 year limitation shall not apply. (a) This subchapter shall not operate to defeat the due enforcement of any writ of execution under any judgment for the recovery of money entered or recorded in the Superior Court, by virtue of which real estate is se…

§ 4717. Judgments by confession. A judgment, entered by the prothonotary of the Superior Court upon an obligation, without complaint filed, according to § 2306 of this title, shall have the same force and effect as if a complaint had been filed and judgment confessed by an attorn…

§ 4718. Judgment on bond other than for payment of money. No judgment entered by virtue of a warrant of attorney in the Superior Court, upon any bond or obligation with condition other than for the payment of money, shall be or operate as a lien upon real estate until the bond or…

§ 4731. Dating and indexing. The true date of entering or signing every judgment, shall be entered on the docket thereof, as also the date of ascertaining the amount of a judgment given, the amount to be ascertained by the prothonotary, or other person. All judgments shall be ind…

§ 4732. Attorney confessing judgment upon warrant of attorney. When judgment is confessed by virtue of a warrant of attorney for a penalty, the attorney confessing the judgment shall, in a written direction to the officer entering the judgment, set down the real debt, and the tim…

§ 4733. Judgments entered at special directions of state judge. (a) Any state judge may have recorded, docketed, indexed and/or filed, in any appropriate city, county or state office in this State, where legal documents are usually received for recording, docketing, indexing and/…

§ 4734. Court of Chancery judgments for payment of money. The prothonotary of each county shall, upon the receipt of any judgment or order from the Court of Chancery, calling for the payment of a sum of money, enter the same in accordance with the directions of the Court as provi…

§ 4735. Supplementary character of §§ 4733 and 4734. Sections 4733 and 4734 of this title provide for a grant of additional powers to state judges and are not intended to limit or detract from any other powers of the courts of this State or the present or future effect of any jud…

§ 4736. Federal court judgments. (a) Transcripts of judgments rendered in the United States District Court or in any other federal court of competent jurisdiction within this State shall be filed and docketed in the office of the prothonotary of each county of this State other th…

§ 4737. Fees of prothonotary. The fees of the prothonotary for services under this subchapter shall, unless otherwise provided, be regulated by the Superior Court in the several counties.19 Del. Laws, c. 778, § 8; 22 Del. Laws, c. 457, § 8; 23 Del. Laws, c. 200, § 9; Code 1915, §…

§ 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…

§ 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 th…

§ 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…

§ 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…

§ 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 s…

§ 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 sal…

§ 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 s…

§ 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, …

§ 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 offi…

§ 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 r…

§ 4771. Report of referees; conclusiveness as to assets. Judgment against an executor or administrator, upon the report of referees, shall not be conclusive that he or she has assets, unless it is expressly found by the report that he or she has assets.Code 1852, § 2416; Code 191…

§ 4772. Decedent’s real estate as bound. The real estate of a deceased person shall not be liable to be taken in execution upon, and shall not be bound by a judgment against deceased’s executor or administrator, unless such judgment is rendered upon a verdict, or an inquisition, …

§ 4773. Application by plaintiff for rule of reference. If a defendant, being summoned, fails to appear, or appearing, neglects or refuses so to plead as to put the cause at issue in order for trial by a jury, a rule of reference under § 4772 of this title may be made by the cour…

§ 4774. Notice of meeting of referees. When a rule of reference is entered by the court upon the application of the plaintiff only, at least 10 days’ notice of the meeting of the referees shall be required.Code 1852, § 2419; Code 1915, § 4318; Code 1935, § 4790; 10 Del. C. 1953, …

§ 4775. Rule of reference after judgment by default or upon motion. A rule of reference may be entered after a judgment by default or after a judgment for plaintiff upon a motion, as well as before judgment. Although it be entered after judgment, nevertheless judgment shall be re…

§ 4781. “Foreign judgment” defined. In this subchapter, the words “foreign judgment” shall mean any judgment, decree or order of a court of the United States or of any other court which is entitled to full faith and credit in this State.65 Del. Laws, c. 333, § 1;

§ 4782. Filing and status of foreign judgments. A copy of any foreign judgment authenticated in accordance with an act of Congress, or the statutes of this State, may be filed in the office of any prothonotary of this State. The prothonotary shall treat the foreign judgment in th…

§ 4783. Notice of filing. (a) At the time of the filing of the foreign judgment, the judgment creditor or the creditor’s attorney shall make and file with the prothonotary an affidavit setting forth the name and last-known post office address of the judgment debtor and the judgme…

§ 4784. Stay. (a) If the judgment debtor shows the Court that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the Court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal…

§ 4785. Fees. Any person filing a foreign judgment shall pay to the prothonotary the same amount as is required for the filing of a civil action in the Superior Court of this State. Fees for docketing, transcription or other enforcement proceedings shall be as provided for judgme…

§ 4786. Right to enforce judgment unimpaired. The right of a judgment creditor to bring an action to enforce a judgment, instead of proceeding under this subchapter, remains unimpaired.65 Del. Laws, c. 333, § 1; 70 Del. Laws, c. 186, § 1;

§ 4787. Short title. This subchapter may be cited as the “Uniform Enforcement of Foreign Judgments Act.”65 Del. Laws, c. 333, § 1;

§ 4801. Definitions. In this chapter: (1) “Foreign country” means a government other than: a. The United States; b. A state, district, commonwealth, territory, or insular possession of the United States; or c. Any other government with regard to which the decision in this State a…

§ 4802. Applicability. (a) Except as otherwise provided in subsection (b) of this section, this chapter applies to a foreign-country judgment to the extent that the judgment: (1) Grants or denies recovery of a sum of money; and (2) Under the law of the foreign country where rende…

§ 4803. Standards for recognition of foreign-country judgment. (a) Except as otherwise provided in subsections (b) and (c) of this section, a court of this State shall recognize a foreign-country judgment to which this chapter applies. (b) A court of this State may not recognize …

§ 4804. Grounds for nonrecognition [Repealed].71 Del. Laws, c. 145, § 1; 70 Del. Laws, c. 186, § 1; repealed by 78 Del. Laws, c. 65, § 3, eff. June 28, 2011.;

§ 4805. Personal jurisdiction. (a) A foreign-country judgment may not be refused recognition for lack of personal jurisdiction if: (1) The defendant was served with process personally in the foreign country; (2) The defendant voluntarily appeared in the proceedings other than for…

§ 4806. Stay of proceedings pending appeal of foreign-country judgment. If a party establishes that an appeal from a foreign-country judgment is pending or will be taken, the court may stay any proceedings with regard to the foreign-country judgment until the appeal is concluded,…

§ 4807. Savings clause. This chapter does not prevent the recognition under principles of comity or otherwise of a foreign-country judgment not within the scope of this chapter.71 Del. Laws, c. 145, § 1; 78 Del. Laws, c. 65, § 11;

§ 4808. Uniformity of interpretation. In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.71 Del. Laws, c. 145, § 1; 78 Del. Laws, c. 65, § 12;

§ 4809. Procedure for recognition of foreign-country judgment. (a) If recognition of a foreign-country judgment is sought as an original matter, the issue of recognition shall be raised by filing an action seeking recognition of the foreign-country judgment. (b) If recognition of…

§ 4810. Effect of recognition of foreign-country judgment. If the court in a proceeding under § 4809 of this title finds that the foreign-country judgment is entitled to recognition under this chapter then, to the extent that the foreign-country judgment grants or denies recovery…

§ 4811. Statute of limitations. An action to recognize a foreign-country judgment must be commenced within the earlier of the time during which the foreign-country judgment is effective in the foreign country or 15 years from the date that the foreign-country judgment became effe…

§ 4812. Effective date. (a) This chapter takes effect on June 28, 2011. (b) This chapter applies to all actions commenced on or after June 28, 2011, in which the issue of recognition of a foreign-country judgment is raised.78 Del. Laws, c. 65, § 13;

§ 4901. Real estate. Lands, tenements and hereditaments and all right of dower and curtesy therein when no sufficient personal estate can be found may be seized and sold upon judgment and execution obtained.Code 1852, § 2421; Code 1915, § 4320; 36 Del. Laws, c. 269, § 1; Code 193…