§ 2506D Stay or vacation of execution of judgments, attachments, and garnishments.

6 DE Code § 2506D (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(a) Court action upon material affect determination. — If a servicemember, in the opinion of the court, is materially affected by reason of military service in complying with a court judgment or order, the court may on its own motion and shall on application by the servicemember:

(1) Stay the execution of any judgment or order entered against the servicemember; and

(2) Vacate or stay an attachment or garnishment of property, money, or debts in the possession of the servicemember or a third party, whether before or after judgment.

(b) Applicability. — This section applies to an action or proceeding commenced in a court against a servicemember before or during the period of the servicemember’s military service or within 90 days after such service terminates.

79 Del. Laws, c. 359, § 1.