Delaware Code Title 10 Sec. 9543 – Setting aside judgment on warrant of attorney
(a) If any defendant in a judgment on warrant of attorney, or attorney’s executors, or administrators, by affidavit filed with the justice, denies the obligation, or sets forth any just defense, a trial shall be granted, which shall be conducted as in other cases.
Terms Used In Delaware Code Title 10 Sec. 9543
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(b) The judgment shall not be vacated, nor any execution, or levy thereon, set aside, until after a trial and determination against such obligation, or warrant.
(c) A levy shall be a security for what may be found due to the plaintiff, the proceedings thereupon being stayed, unless the defendant gives sufficient security to pay the plaintiff the sum justly due.
(d) The security shall be entered as follows:
“On the day of A.D. 20 , A. B. (and C. D., if two) became surety for the defendant (or defendants) for the payment of whatever is justly due to the plaintiff (or plaintiffs) in this action.”
(e) Upon the entry of security being made and signed, the judgment and execution shall be set aside.
Code 1852, § ?2102; Code 1915, § ?4020; Code 1935, § ?4506; 10 Del. C. 1953, § ?9549; 70 Del. Laws, c. 186, § ?1;