Delaware Code Title 10 Sec. 9586 – Service on garnishee; compelling attendance
(a) The service of an attachment on a garnishee may be made in the same way as service of an original summons.
Terms Used In Delaware Code Title 10 Sec. 9586
- 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.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Summons: Another word for subpoena used by the criminal justice system.
(b) If a garnishee summoned on either original, or execution attachment, neglects to appear, as required, the justice may compel the garnishee’s appearance by process, and may commit the garnishee if he or she refuses to answer or plead as required.
(c) The day for the garnishee’s answer, or plea, may be adjourned by the justice, if necessary.
(d) If the justice has not received from the garnishee a copy of the Garnishee’s Notice of Service form within 10 days after receipt thereof by the garnishee, the justice shall issue process to compel the appearance of the said garnishee.
Code 1852, §§ ?2163, 2165; Code 1915, § ?4045; Code 1935, § ?4532; 10 Del. C. 1953, § ?9593; 66 Del. Laws, c. 393, § ?3; 70 Del. Laws, c. 186, § ?1;