Delaware Code Title 10 Sec. 9584 – Form of writ; form of Garnishee’s Notice of Service
(a) The form of a writ of attachment shall be as follows:
Terms Used In Delaware Code Title 10 Sec. 9584
- 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.
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
” County, ss. The State of Delaware,
To any constable, greetings:
We command you to attach the goods and chattels, rights and credits of , the debtor, in order to make good to , the plaintiff, a cause of action wherein the sum of $ is demanded, and that you serve any garnishee of the said debtor found in your bailiwick with 2 copies of this writ, 2 copies of the Affidavit for Attachment filed by the plaintiff and a Garnishee Notice of Service form; and you have then there this warrant, with your doings hereon duly certified.
TO GARNISHEE: You are hereby ordered under penalty of contempt to hand deliver forthwith to , the debtor, a copy of this writ and a copy of the Affidavit for Attachment; and to return a completed copy of the Garnishee Notice of Service form to the Court as soon as service upon the said debtor is effectuated; and to withhold 15% of the said debtor’s net earnings from the debtor’s next regularly scheduled paycheck only and to hold same until released by order of the Court.
TO DEBTOR: 15% of your net wages from your next scheduled paycheck have been attached for the reasons set forth in the Affidavit for Attachment. The withholding of your wages shall be released by the Court if you: (1) Appear at the Court at any time, Monday through Friday, from 8 a.m. to 4 p.m. before final judgment and enter your appearance acknowledging that you will answer the plaintiff’s demand and satisfy any judgment rendered against you in such suit; or (2) appear at the Court at any time, Monday through Friday, from 8 a.m. to 4 p.m., and contest the attachment, in which event the Court will conduct an immediate ex parte post-deprivation hearing on the seizure of your wages and shall dissolve the attachment if the Court determines that there no longer exists a factual basis demonstrating the need for the writ; or (3) appear for trial which is scheduled for the day of , 20, at a.m./p.m. at Court No. , located at You are further advised that failure to appear for trial will result in a default judgment being entered against you.
Witness my hand and seal this day of , 20
Justice of the Peace”
(b) The form of the Garnishee’s Notice of Service shall be as follows:
“Garnishee’s?Notice?of?Service
To: ?Clerk of the Court, Justice of the Peace
?Court No.
Please be advised that I , garnishee in Civil Action No. , wherein is plaintiff and is the debtor, do hereby certify that a copy of the Writ of Attachment and a copy of the Affidavit for Attachment were served upon the debtor at a.m./p.m. on the day of , 20 I further certify that 15% of the debtor’s next scheduled paycheck will be attached and held by the garnishee until released by the Court.
For Garnishee”
Complete?below?only?if?applicable
Please be advised that I , garnishee in Civil Action No. , wherein is the plaintiff and is the debtor, do hereby certify this day of , 20, that the said debtor is not an employee of the garnishee and that, therefore, garnishee requests that the garnishee be released from obligations under the Writ of Attachment and is willing to appear to deny that there is anything of the debtor’s in my hands or possession if summoned by the Court for this or other purpose.
For Garnishee”
Code 1852, § ?2157; Code 1915, § ?4043; 34 Del. Laws, c. 221, § ?6; Code 1935, § ?4530; 10 Del. C. 1953, § ?9591; 55 Del. Laws, c. 20, § ?21; 66 Del. Laws, c. 393, § ?2; 70 Del. Laws, c. 186, § ?1;