Chapter 47

§ 4701 Definitions. As used in this subchapter: “Terre tenant” means the grantee of real estate to whom the same has been conveyed, as appears by the last conveyance of the same of record. 23 Del. Laws, c. 200, §  8 ; Code 1915, §  4300; Code 1935, §  4772; 10 Del. C. 1953, §  4701; § 4702 Time of binding lands. A judgment shall bind lands only from the time of actually entering or signing it, and not by relation from the first day of the term in or of which it is entered. Code 1852, §  2396; Code 1915, §  4282; Code 1935, §  4754; 10 Del. C. 1953, §  4702; § 4703 Time entry of judgment upon verdict is effective. A judgment upon a verdict, if entered before the end of the term next after that in which it is given, shall be deemed to be entered at the same time as the verdict, and shall bind accordingly. Code 1852, §  2397; Code 1915, §  4283; Code 1935, §  4755; 10 Del. C. 1953, §  4703; § 4704 Ascertaining amount of judgment; time of entry. A judgment given, amount to be ascertained by the prothonotary or other person, shall bind from the time of its entry, if the amount is ascertained and entered upon the docket before the first day of the term next after that in which the judgment is given; but otherwise only from the time of entering upon the docket the ascertained amount. Code 1852, §  2398; Code 1915, §  4284; Code 1935, §  4756; 10 Del. C. 1953, §  4704; § 4705 Priority of judgments entered same day. If several judgments are entered against the same person, on the same day, the first entered has priority. If where there are several judgments against the same person, it does not appear, by the entries, which was first entered, they shall, when given in actions previously commenced, have priority according to the priority of the dates of the actions in which they are respectively given. Code 1852, §  2399; Code 1915, §  4285; Code 1935, §  4757; 10 Del. C. 1953, §  4705; § 4706 Entry during term; docket date. A judgment entered during a term, if the day of entering it does not appear by the docket, shall be postponed to a judgment entered during the period of the same term, the day of entering which does appear by the docket. None of the foregoing regulations shall contravene the provisions of § 4703 of this title, respecting judgment upon a verdict. Code 1852, §  2400; Code 1915, §  4286; Code 1935, §  4758; 10 Del. C. 1953, §  4706; § 4707 Justice of the peace and Court of Common Pleas judgments. Sections 4702-4706 of this title do not extend to judgments before a justice of the peace or to judgments of the Court of Common Pleas. Code 1852, §  2401; Code 1915, §  4287; Code 1935, §  4759; 10 Del. C. 1953, §  4707; § 4708 Supreme Court judgments. A final judgment of the Supreme Court, given upon the reversal of a judgment of the Superior Court, shall bind real estate in the county wherein were the proceedings in the Court below, from the date of entering it in the Supreme Court, if, the record being remanded, the judgment is entered upon the docket of the Court below within 20 days after such date. If the judgment is not so entered within such time, it shall be a lien only from the time of entering it upon the docket of the Court below. Code 1852, §  2402; Code 1915, §  4288; Code 1935, §  4760; 10 Del. C. 1953, §  4708; § 4709 Prothonotary to enter Supreme Court judgment. The prothonotary of the Court below to whom a record remanded with a duly certified copy of the proceedings and judgment of the Supreme Court is delivered, shall without delay file it, and enter upon the docket of the Court below, in connection with the entries of the proceedings in the cause in the Court, the proceedings and judgment of the Supreme Court, with the date of making such entry. Code 1852, §  2403; Code 1915, §  4289; Code 1935, §  4761; 10 Del. C. 1953, §  4709; § 4710 Effect of Supreme Court judgment. (a) The entry, made under § 4709 of this title, shall be a record, and the judgment, so entered, shall have the same force and effect as a judgment of the Court below, and shall be executed by the process of that Court in like manner as judgments of such Court. The lien thereof may be extended to lands and tenements in another county by means of a testatum fieri facias entered of record in the office of the prothonotary of the county. (b) The lien of a judgment shall not be extended by affirmance to real estate not bound by the original judgment. (c) A judgment of the Supreme Court shall not bind real estate otherwise than as prescribed by this section. Code 1852, §§  2404-2406; Code 1915, §§  4290-4292; Code 1935, §§  4762-4764; 10 Del. C. 1953, §  4710; § 4711 Time limitation of judgment lien; extension of time. (a) No judgment for the recovery of money entered or recorded in the Superior Court, whether rendered by that Court or transferred thereto from the Supreme Court, or from the dockets of a justice of the peace or the Court of Common Pleas, or operative by virtue of any writ of testatum fieri facias, or otherwise, howsoever recorded in the Court, shall continue a lien upon real estate for a longer term than 10 years next following the day of entry or recording of such judgment, or, in case the whole or any part of the money for which the judgment is recovered or rendered shall not be due and payable at or before the time of its entry or recording, the day on which such money shall have become wholly due and payable, unless, within the term of 10 years, the lien of such judgment is renewed and continued by a written agreement, signed by the plaintiff, or if there is more than 1, 1 or more of the plaintiffs therein, or the assignee or assignees thereof, or the person or persons to whose use such judgment shall have been marked, such person’s or persons’ executors or administrators, and by the defendant or defendants therein, such defendant’s or defendants’ executors or administrators, and, in order to bind lands conveyed by the defendant or defendants by deeds of record subsequent to such judgment, the terre tenant or terre tenants of the real estate bound by such lien, or, in case of a judgment upon a mechanic’s lien, the terre tenant or terre tenants of such real estate, or by the attorneys of record of the respective parties to such judgment, or of the persons interested therein, in substantially the following form, after stating the title of the cause: “It is agreed that the lien of this judgment shall be extended for the term of 10 years,” filed in the office of the prothonotary and by the prothonotary minuted and certified upon the record of the judgment, or of the testatum fieri facias, as the case may be, or by scire facias, in manner set forth in this section. If a writ of scire facias is sued out of the Court before the expiration of the term of 10 years, and the term expires during the pendency of the proceedings upon the scire facias, the lien of the judgment shall continue until final determination by the Court of the rights of the respective parties thereto, or until the discontinuance or dismissal of such scire facias. If final judgment in such scire facias is rendered against the plaintiff or plaintiffs therein, and an appeal or a writ of error is taken, and the Supreme Court renders final judgment thereon in favor of the plaintiff, plaintiff in error, or appellant, the lien of such original judgment shall be restored and continued. Such restoration or continuance of the lien by such final judgment of the Supreme Court shall not in any manner affect or be operative as against any bona fide purchaser, mortgagee or judgment creditor, who becomes such after the entry of such final judgment by the Superior Court upon such scire facias and before the noting upon the record of such final judgment in such scire facias of the taking of the appeal or writ of error. (b) No judgment which is a general lien, including judgments for costs and judgments in favor of the State or any political subdivision thereof, shall remain a lien for more than the 10-year period hereinabove provided, unless renewed for a further 10-year term in accordance with the provisions of this section (c) This section shall not apply to those judgments entered of record pursuant to court-ordered restitution awards as provided in § 4101(b) of Title 11; however, no such judgment will attach to a parcel of real property for more than 7 years after the convicted person has sold, transferred, or lost their ownership interest in that specific parcel of real property. (d) Unless extended by the procedure set forth in § 4715 of this title or the express conditions of a criminal sentencing order, the automatic lien on real property that is derived from a criminal judgment filed with the prothonotary expires 7 years from the date the convicted person sold, transferred, or lost their ownership interest in that specific parcel of real property. If a lien on real property is removed, a criminal judgment’s personal liability against a defendant remains valid and enforceable. This subsection applies to all of the following: (1) Liens on real property derived from a criminal judgment filed with the prothonotary after October 21, 2022. (2) Liens on real property derived from a criminal judgment filed with the Prothonotary before October 21, 2022, if the judgment is extended under § 4715 of this title by October 22, 2023. 19 Del. Laws, c. 778, §  1 ; 22 Del. Laws, c. 457, §  1 ; 23 Del. Laws, c. 200, §  1 ; Code 1915, §  4293; Code 1935, §  4765; 10 Del. C. 1953, §  4711; 50 Del. Laws, c. 319, §  1 ; 70 Del. Laws, c. 186, §  1 ; 74 Del. Laws, c. 27, §  9 ; 83 Del. Laws, c. 497, § 2 ; § 4712 Effect of extension; subsequent renewals. Immediately from and after the minuting and certifying upon the record of the original judgment, or of the testatum fieri facias, as the case may be, of the agreement for the extension of the lien thereof, or the entry of final judgment in the Superior Court in favor of the plaintiff or plaintiffs in the writ of scire facias, or the entry of final judgment in the Supreme Court restoring and continuing such lien, such lien shall continue for the further term of 10 years next thereafter unless sooner lost by final judgment of the Supreme Court. In like manner and with like effect such liens so renewed or restored and continued may, by a like agreement filed, minuted and certified upon the record of such original judgment, or of such testatum fieri facias, as the case may be, before the expiration of the extended term or by final judgment in scire facias, be again renewed or restored and continued for the further term of 10 years, and so from time to time as often as is found necessary. 19 Del. Laws, c. 778, §  2 ; 22 Del. Laws, c. 457, §  2 ; 23 Del. Laws, c. 200, §  2 ; Code 1915, §  4294; Code 1935, §  4766; 10 Del. C. 1953, §  4712; § 4713 Seizure of real estate by execution after losing lien. No real estate shall be seized or taken by virtue of execution process upon any judgment, for the recovery of money, entered or recorded in the Superior Court, after the expiration of the term of 10 years next following the day of entry or recording of such judgment, or, in case the whole or any part of the money for which such judgment was recovered or rendered was not due or payable at or before the time of its entry or recording, the day on which such money became or becomes wholly due and payable. At the expiration of the term of 10 years the lien of such judgment upon real estate shall be lost, unless within the term of 10 years such judgment is renewed and continued by agreement filed or by scire facias sued out in the manner provided in §§ 4711 and 4712 of this title. All the provisions of such sections, not inconsistent with this section, shall be applicable for the renewal or restoration and continuance and preservation of the lien of the judgments mentioned in this section, and as to the force and effect and the loss of such lien. 19 Del. Laws, c. 778, §  3 ; 22 Del. Laws, c. 457, §  3 ; 23 Del. Laws, c. 200, §  3 ; Code 1915, §  4295; Code 1935, §  4767; 10 Del. C. 1953, §  4713; § 4714 Revived judgment as lien on real estate. In case the lien upon real estate of any judgment for the recovery of money entered or recorded in the Superior Court of this State is lost or interrupted under the provisions of this chapter, and the judgment is thereafter revived by scire facias, the same, when so revived, shall be a lien upon the real estate of the defendant or defendants in the original judgment, or in case of judgment upon a mechanic’s lien, upon the real estate originally bound by such mechanic’s lien, from the time of such revival, but such lien shall not relate back, nor shall it in any manner affect any prior bona fide purchaser or mortgagee from or judgment creditor of such defendant or defendants or terre tenant or terre tenants. 19 Del. Laws, c. 778, §  4 ; 22 Del. Laws, c. 457, §  4 ; 23 Del. Laws, c. 200, §  4 ; Code 1915, §  4296; Code 1935, §  4768; 10 Del. C. 1953, §  4714; § 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 thereof or the person or persons to whose use such judgment has been or shall be marked, or his, her, or their executors or administrators, may cause a writ of scire facias to be issued against the defendant or defendants in such judgment and the terre tenant or terre tenants of the real estate bound by such lien or, in case of a judgment on a mechanic’s lien, the terre tenant or terre tenants, directed to the sheriff of the county in which such writ issues, commanding the sheriff to make known to the defendant or defendants therein that the defendant or defendants appear before the court and show cause, if any there be, why the lien of such judgment should not be renewed and continued and execution should not issue on such judgment. In all respects the practice, pleadings and procedure upon such scire facias shall conform as nearly as may be to the practice, pleadings and procedure on other writs of scire facias sued out of the courts upon judgments under existing law. (b) If final judgment is rendered for the plaintiff or plaintiffs in such writ, it shall be that the lien of such original judgments stands renewed and continued for the term of 10 years next following the day of the entry of such judgment in the action of scire facias, and that the plaintiff or plaintiffs therein have execution thereon as in other cases during the term of 10 years. 19 Del. Laws, c. 778, §  5 ; 22 Del. Laws, c. 457, §  5 ; 23 Del. Laws, c. 200, §  5 ; Code 1915, §  4297; Code 1935, §  4769; 10 Del. C. 1953, §  4715; 70 Del. Laws, c. 186, §  1 ; § 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 seized or taken, if such writ of execution is issued before the expiration of the said term of 10 years. They shall not apply to any judgment upon a mortgage or mechanic’s lien. (b) No general lien which would have remained in force for more than 10 years under this section as it existed prior to June 23, 1955, shall be lost by virtue of § 4711 of this title or subsection (a) of this section, if within 1 year from June 23, 1955, such lien shall be extended in accordance with this subchapter. 19 Del. Laws, c. 778, §  6 ; 22 Del. Laws, c. 457, §  6 ; 23 Del. Laws, c. 200, §  6 ; Code 1915, §  4298; Code 1935, §  4770; 10 Del. C. 1953, §  4716; 50 Del. Laws, c. 319, §§  2, 3 ; § 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 attorney, or judgment obtained in open court. Code 1852, §  2408; Code 1915, §  4303; Code 1935, §  4775; 10 Del. C. 1953, §  4717; § 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 obligation and warrant of attorney, or a copy thereof, certified under the hand of the prothonotary and the seal of the Court, is filed in the office of such prothonotary. The prothonotary, at all times thereafter, shall safely keep such bond or obligation and warrant of attorney, or certified copy thereof, in his or her office. The provisions of this section shall not apply to any official bond or obligation given by a public officer. 19 Del. Laws, c. 778, §  7 ; 22 Del. Laws, c. 457, §  7 ; 23 Del. Laws, c. 200, §  7 ; Code 1915, §  4299; Code 1935, §  4771; 10 Del. C. 1953, §  4718; 70 Del. Laws, c. 186, §  1 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 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 indexed according to § 2304 of this title. Code 1852, §  2407; Code 1915, §  4302; Code 1935, §  4774; 10 Del. C. 1953, §  4731; § 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 time from which interest is to be calculated; which shall be entered by the officer upon the docket of the judgment. Code 1852, §  2409; Code 1915, §  4304; Code 1935, §  4776; 10 Del. C. 1953, §  4732; § 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/or filing, any interlocutory, or final judgment or order or part thereof, entered in any cause pending in any of the state courts. The state judge shall, in the judgment or order proposed to be recorded, docketed, indexed and/or filed, direct the manner in which it shall be recorded, docketed, indexed and/or filed. (b) From the time any judgment or order referred to in subsection (a) of this section is received in any office designated in the judgment, it shall constitute notice to all persons who are charged with notice of matters filed in such office. (c) When a judgment or order is received by any city, county or state officer pursuant to subsection (a) of this section, the person in charge of the office shall receive the judgment or order and record, docket, index and/or file the same in accordance with the directions set forth in the judgment or order. (d) As used in this section, “state judge” includes the Chancellor, and any Vice-Chancellor. 48 Del. Laws, c. 129, §§  1, 2 ; 10 Del. C. 1953, §  4733; § 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 provided in the judgment or order. The judgment or order, or part thereof, shall be entered in the same manner and form and in the same books and indexes as judgments and orders entered in the Superior Court. After the entry thereof the judgments or orders or parts thereof calling for the payment of money shall have the same force and effect as though the judgment had been entered in the Superior Court. 48 Del. Laws, c. 129, §  3 ; 10 Del. C. 1953, §  4734; § 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 judgment or order of the courts of this State, save and except as therein specifically set forth. 48 Del. Laws, c. 129, §  4 ; 10 Del. C. 1953, §  4735; § 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 than the county in which such judgment was rendered and when so filed and docketed, and only when so filed and docketed, such judgments, shall have the same force and effect as a lien as judgments rendered and docketed in the Superior Court of this State in any county of the State. (b) When transcripts of any judgments of any federal court in this State have been filed and docketed as provided in subsection (a) of this section then said judgments shall be liens on the real estate of the judgment debtor within the county in which such judgment has been filed and docketed in the same manner and to the same extent and under the same conditions as if such judgments had been rendered in the Superior Court of any county of this State. (c) The prothonotary of each county upon being presented with a transcript of a judgment rendered in any federal court within this State, and upon receiving a fee of $1.00, shall immediately file such transcript, and docket and index the judgment in the same manner as prescribed by law for the docketing and indexing of judgments rendered in the Superior Court of this State. Code 1935, §  4773A; 47 Del. Laws, c. 366 ; 10 Del. C. 1953, §  4736; § 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, §  4301; Code 1935, §  4773; 10 Del. C. 1953, §  4737; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 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. Code 1852, §  2412; Code 1915, §  4307; 37 Del. Laws, c. 267 ; Code 1935, §  4779; 10 Del. C. 1953, §  4753; 55 Del. Laws, c. 341, §  2 ; 70 Del. Laws, c. 186, §  1 ; § 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. Code 1852, §  2413; Code 1915, §  4308; Code 1935, §  4780; 10 Del. C. 1953, §  4754; 55 Del. Laws, c. 341, §  3 ; 70 Del. Laws, c. 186, §  1 ; § 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. 14 Del. Laws, c. 559, §  1 ; Code 1915, §  4310; Code 1935, §  4782; 10 Del. C. 1953, §  4756; 70 Del. Laws, c. 186, §  1 ; § 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. 14 Del. Laws, c. 559, §  2 ; Code 1915, §  4311; Code 1935, §  4783; 10 Del. C. 1953, §  4757; 70 Del. Laws, c. 186, §  1 ; § 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. 22 Del. Laws, c. 211, §  1 ; Code 1915, §  4313; Code 1935, §  4785; 10 Del. C. 1953, §  4759; 70 Del. Laws, c. 186, §  1 ; § 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. 15 Del. Laws, c. 475 ; Code 1915, §  4314; Code 1935, §  4786; 10 Del. C. 1953, §  4760; 63 Del. Laws, c. 142, §  27 ; 70 Del. Laws, c. 186, §  1 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 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 1915, §  4315; Code 1935, §  4787; 10 Del. C. 1953, §  4771; 70 Del. Laws, c. 186, §  1 ; § 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, or upon the report of referees on a rule of reference entered, upon application of the parties, by the Superior Court, referring all matters in controversy to 3 judicious and impartial freeholders (or more if the parties so request) to be appointed by the Court. Judgment shall be rendered on their report or the report of a majority of them. Code 1852, §  2417; Code 1915, §  4316; Code 1935, §  4788; 10 Del. C. 1953, §  4772; 70 Del. Laws, c. 186, §  1 ; § 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 court upon the application of the plaintiff only. Code 1852, §  2418; Code 1915, §  4317; Code 1935, §  4789; 10 Del. C. 1953, §  4773; § 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, §  4774; § 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 rendered on the report made pursuant thereto, and such judgment on the report shall be regular, notwithstanding the previous judgment. Code 1852, §  2420; Code 1915, §  4319; Code 1935, §  4791; 10 Del. C. 1953, §  4775; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 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 the same manner as a judgment of the Superior Court of this State. A judgment so filed has the same effect and is subject to the same procedures, defenses and proceedings for reopening, vacating or staying, as a judgment of the Superior Court of this State and may be enforced or satisfied in like manner. 65 Del. Laws, c. 333, §  1 ; § 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 judgment creditor. (b) Promptly upon the filing of the foreign judgment and the affidavit, the prothonotary shall mail notice of the filing of the foreign judgment to the judgment debtor at the address given, and shall make a note of such mailing in the docket. The notice shall include the name and post office address of the judgment creditor and the judgment creditor’s attorney, if any, in this State. In addition, the judgment creditor may mail a notice of the filing of the judgment to the judgment debtor, and may file proof of such mailing with the prothonotary. Lack of a mailing of the notice of filing by the prothonotary shall not affect the enforcement proceedings, if proof of mailing by the judgment creditor has been filed. (c) No execution, or other process for enforcement of a foreign judgment filed hereunder, shall issue until 20 days after the judgment is filed. 65 Del. Laws, c. 333, §  1 ; 70 Del. Laws, c. 186, §  1 ; § 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 expires, or the stay of execution expires or is vacated, upon proof that the judgment debtor has furnished security for the satisfaction of the judgment as required by the state in which it was rendered. (b) If the judgment debtor shows the Court any ground upon which enforcement of a judgment of the Superior Court of this State would be stayed, the Court shall stay enforcement of the foreign judgment for an appropriate period, upon requiring the same security for satisfaction of the judgment which is required in this State. 65 Del. Laws, c. 333, §  1 ; § 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 judgments obtained in the Superior Court of this State. 65 Del. Laws, c. 333, §  1 ; § 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 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } }