§ 9584 Form of writ; form of Garnishee’s Notice of Service.

10 DE Code § 9584 (2019) (N/A)
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(a) The form of a writ of attachment shall be as follows:

“________________ 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:

TO DEBTOR:

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:

____ 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.