Title 10, Courts and Judicial Procedure

§ 4906. Procedure of freeholders. The freeholders shall, upon the receipt of the notice and the tender of the fee named in this subchapter for services in making the valuation, to meet at the time and place mentioned in the notice, and before proceeding to make the valuation of p…

§ 4907. Fees. The fees for the service of the freeholders, in making the valuation required by this chapter, shall be the same as are allowed by law to referees before justices of the peace, and the fees to the officer serving the notices shall be the same as are allowed by law f…

§ 4908. Authority to administer oaths. The officer making the sale, and serving the notices required, shall administer the oath required by this subchapter.14 Del. Laws, c. 562, § 7; Code 1915, § 4327; Code 1935, § 4800; 10 Del. C. 1953, § 4908;

§ 4909. Neglect of duty by freeholders; penalty. Whoever, being a freeholder, neglects or refuses to perform the duties required by this subchapter, shall be fined not more than $5.00.14 Del. Laws, c. 562, § 5; Code 1915, § 4325; Code 1935, § 4798; 10 Del. C. 1953, § 4909;

§ 4910. Taxation or sale for taxes. Nothing contained in this subchapter shall be construed as exempting any personal property from taxation, or sale for taxes, under the laws of this State.14 Del. Laws, c. 562, § 8; Code 1915, § 4328; Code 1935, § 4801; 10 Del. C. 1953, § 4910;

§ 4911. Prohibition against levying upon goods in storage warehouse; violation and penalty. (a) No constable in the State shall levy upon or sell or offer to sell or to remove, by virtue of any writ or upon any claim or demand whatsoever, any goods and chattels when such goods an…

§ 4912. Waiver of exemptions. Any husband and wife jointly may make any waiver of any of the provisions of §§ 4902-4911 of this title.14 Del. Laws, c. 562, § 9; Code 1915, § 4330; Code 1935, § 4803; 10 Del. C. 1953, § 4912; 70 Del. Laws, c. 186, § 1;

§ 4913. Exemption and attachment of wages. (a) Eighty-five percent of the amount of the wages for labor or service of any person residing within the State shall be exempt from mesne attachment process and execution attachment process under the laws of this State; but such limitat…

§ 4914. Exemptions in bankruptcy and insolvency. (a) In accordance with § 522(b) of the Bankruptcy Reform Act of 1978 (11 U.S.C. § 522(b)), in any bankruptcy proceeding, an individual debtor domiciled in Delaware is not authorized or entitled to elect the federal exemptions as se…

§ 4915. Exemption of retirement plans, life insurance contracts, and annuity contracts [For application of this section, see 80 Del. Laws, c. 153, § 5]. (a) In addition to the exemptions provided in §§ 4902 and 4903 of this title, there shall be exempt from execution or attachmen…

§ 4916. Exemption of qualified tuition programs and qualified ABLE programs. (a) In addition to the exemptions provided in §§ 4902 and 4903 of this title, there shall be exempt from execution or attachment process assets held in and proceeds payable under or from any account esta…

§ 4931. Wages in New Castle County; limitation; notice of claim; other liens. (a) In New Castle County all debts or claims that may become due or growing due for labor or services rendered by any mechanic, laborer, clerk or other employee of any person or persons, chartered compa…

§ 4932. Wage claims as lien on real estate. No claim or debt for work, labor, or clerk hire as prescribed in § 4931(a) of this title, shall be a lien upon any real estate unless a copy of such claim or debt is filed in the prothonotary’s office of the county in which such real es…

§ 4933. False wage claim; penalty. Whoever makes an affidavit to any debt or claim mentioned in § 4931(a) of this title which is untrue, shall be fined $50.16 Del. Laws, c. 147, § 5; Code 1915, § 4336; Code 1935, § 4809; 10 Del. C. 1953, § 4933;

§ 4934. Wage claims by minors. The parent, guardian, or next friend of any minors, who render such service as is mentioned in § 4931(a) of this title, may proceed under this chapter to secure the debt or claim arising from the service or labor rendered by such minor.16 Del. Laws,…

§ 4935. Employees of insolvent corporation. Employees of insolvent corporations shall have a lien for, and a preference in the payment of, wages due them from such corporation, not exceeding wages for 2 months, as provided in § 300 of Title 8.Code 1915, § 4338; Code 1935, § 4811;…

§ 4936. Medical and funeral expenses. Whenever any sheriff or constable, by virtue of any execution process, supersedes an executor or administrator, and sells the goods and chattels of any deceased person, on whose estate there have been letters testamentary or of administration…

§ 4937. Payment of medical and funeral expenses by sheriff. In case there has been no administration or letters testamentary granted on the estate of the deceased, any sheriff or constable selling the deceased person’s goods by virtue of any execution process, shall, before apply…

§ 4951. Issuance. A writ of venditioni exponas for the sale of any goods and chattels, lands and tenements, taken in execution by virtue of a writ of fieri facias, may be issued and directed either to the sheriff in office, or the sheriff’s immediate predecessor (he or she having…

§ 4952. Failure or neglect in execution; penalty. The person to whom such writ of venditioni exponas may be directed, shall, for neglect, or failure, in the execution thereof, or in making return thereon, be subject to all such rules of court, suits, fines, and other process and …

§ 4961. Procedure for public sale. By a writ of levari facias, the sheriff, or other officer, to whom the same is directed to be executed, may seize and sell, at public sale, unimproved lands, and lands yielding no yearly profit, with, or without a writ of venditioni exponas; sub…

§ 4971. Time of sale of goods and chattels. Goods and chattels, taken in execution by a sheriff shall not be sold until the expiration of 30 days after the levy thereon and notice thereof to the defendant, unless the court, issuing the execution, shall, upon application of the pl…

§ 4972. Notice of public sale of goods and chattels. Public notice of the sale of goods and chattels by a sheriff under execution process, and of the day, hour, and place thereof, shall be given by advertisements posted, at least 10 days before the day of sale, in 5, or more, pub…

§ 4973. Notice of public sale of real estate. (a) Public notice of the sale of lands and tenements under execution process, shall be given by advertisements posted, at least 10 days before the day of sale, in 10 of the most public places of the county where the premises are situa…

§ 4974. Place for public sale of real estate. (a) As used in this section, “public building” and “public property” mean a building or property that is open to members of the public who wish to attend a sheriff’s sale. “Public building” or “public property” includes a building or …

§ 4975. Officer conducting sale as barred from purchasing. A sheriff, constable, or other person making sale of goods and chattels by virtue of any process, or order, shall not either directly, or by the agency of another, purchase any of such goods or chattels. Any person offend…

§ 4976. Deed of sheriff’s sale. Upon confirmation by the court of any sale of lands and tenements, made by virtue of execution process, the sheriff, or officer making the sale, shall execute, acknowledge and deliver to the purchaser a good and sufficient deed for the premises so …

§ 4977. Grantee’s title. The grantee in any deed, executed under § 4976 of this title, shall hold the premises therein conveyed, with all their appurtenances, as fully and amply, and for such estate and estates, and under such rents and services, as the person or persons, for who…

§ 4978. Rent; time of entitlement; apportionment; proceedings. (a) In any case of sale, the purchaser shall be entitled to rent for the premises sold from the day of sale. If such premises are in possession of a tenant under rent, such rent shall be apportioned, according to the …

§ 4979. Petition for deed. If a sale is made of lands and tenements by order of the Court of Chancery, or by virtue of an execution, and the officer making such sale, or the purchaser, is dead, or if such officer is out of office, and the purchase money is paid, without a deed be…

§ 4980. Deed executed after petition; effect on title. A deed, executed pursuant to an order made under § 4979 of this title, shall pass to the grantee therein all the title and estate to and in the premises therein conveyed, which, in pursuance of the sale, and of the execution,…

§ 4981. Recordation of petition and order; evidentiary value. An order made upon a petition, being duly certified, the petition and order shall be recorded in the office of the recorder of deeds for the county wherein the premises are situate; and such record, or a certified copy…

§ 4982. Deed after execution by sheriff’s predecessor. A deed for lands and tenements, sold by virtue of a writ of venditioni exponas, directed to the predecessor of the sheriff at the time in office, such predecessor having seized and taken in execution such lands and tenements,…

§ 4983. Deed by sheriff after expiration of term. Whenever an execution for sale of lands and tenements shall be directed and delivered to a sheriff in office, whose term expires before the confirmation of the sale made under and by virtue of the execution, or whose term expires …

§ 4984. Deed by sheriff appointed to fill vacancy. Whenever an execution for sale of lands and tenements is directed and delivered to a sheriff in office who dies before the confirmation of the sale made under and by virtue of the execution, or who dies after confirmation of the …

§ 4985. Discharge of liens upon execution sale; exceptions. Real estate sold by virtue of execution process shall be discharged from all liens thereon against the defendant, or against one or more of the defendants, if there is more than one, whose property such real estate is, e…

§ 4986. Payment into court of unclaimed proceeds from execution sale; disposition by court. Whenever the sheriff or any other officer cannot pay over the proceeds from sale under execution process because the person or persons entitled to the same or any part thereof is or are ab…

§ 4987. Sheriff’s record of sale proceeds. The sheriff shall, in proper books, keep a record of the disposition of all moneys arising from the sale of property under execution process, when the same is applicable otherwise than to executions in the sheriff’s hands, as provided in…

§ 5001. Awarding of writ. If lands and tenements, exposed to sale by virtue of execution process, cannot be sold for want of buyers, the sheriff, or officer, shall make return upon the writ accordingly. Such return shall not make the officer liable for the debt or damages contain…

§ 5002. Execution for residue of debt. If lands delivered upon a liberari facias under § 5001 of this title fall short, according to the valuation, of satisfying the whole debt, damages and costs for which they are delivered, the plaintiff may have execution for the residue as in…

§ 5003. Title under execution and return of writ. The execution and return of a writ of liberari facias shall, without deed, or other act, pass to the party to whom the lands are delivered, the same title and estate therein which is taken by a purchaser of lands sold under execut…

§ 5011. Awarding of writ. (a) If lands and tenements are sold by order of the Court of Chancery, or by virtue of execution process, and the defendant, or 1 or more defendants, or any person holding as tenant under such defendant, or defendants, by lease, or contract, posterior to…

§ 5012. Rule to show cause; requirement. The Court of Chancery, if the sale is by its order, or the court out of which the execution issued, if the sale is by virtue of an execution, upon application of the purchaser, and oath or affirmation by the purchaser, or some credible per…

§ 5013. Time of applying for writ. A rule for a writ of possession may be granted in the Superior Court at the term of the return of the sale or at any one of the next 3 succeeding terms thereafter, and in the Court of Chancery within 1 year from the return of the sale.Code 1852,…

§ 5014. Service of rule. The rule referred to in § 5013 of this title shall be served at least 2 days before the expiration thereof. If the sheriff or other person who is attempting to serve the rule is unable to serve the rule upon the defendant personally, service may be made i…

§ 5015. Defendant as bona fide tenant. If the defendant is in possession bona fide as tenant under, or by possession of another, a writ of possession shall not be awarded.Code 1852, § 2466; Code 1915, § 4383; Code 1935, § 4841; 10 Del. C. 1953, § 5015;