Del. Code tit. 9 § 4526

Current through 2024 Legislative Session Act Chapter 531

Section 4526 - Issuance and form of writ of venditioni exponas

(a) At any time after the expiration of 20 days following the return of the sheriff upon the monition, unless before the expiration of the 20 days the judgment and cost on the judgment shall be paid or evidence of the payment of such service charges evidenced by a receipted service charge bill or a duplicate thereof bearing date therefore prior to the filing of the lien for record in the office of the prothonotary, upon application in writing by the tax collecting authority, a writ of venditioni exponas shall issue out of the office of the prothonotary directed to the sheriff commanding the sheriff to sell the property mentioned or described in the writ and make due return of such proceedings thereunder in the same manner as is now applicable with respect to similar writs of venditioni exponas issued out of the Superior Court. The property shall be described in the writ under the description thereof as it appears on the assessment rolls and by metes and bounds where obtainable, but nothing herein contained shall be construed to invalidate a writ or a sale pursuant thereto containing only the description as it appears on the assessment rolls or a writ bearing only a description by metes and bounds.

(b) The writ shall be substantially in the following form:

"KENT COUNTY, SS.

The State of Delaware.

TO THE SHERIFF OF KENT COUNTY,

GREETINGS:

WHEREAS, by a Monition issued out of the Superior Court dated at ........,

the ........ day of .................. A.D. 20 ...., IT WAS COMMANDED, that

you should post the said Monition or copy thereof upon the real estate

therein mentioned and described, and make a return to the said Superior Court

within 10 days after said posting. That on the ........ day of

.................. A.D. 20 ...., you returned that a copy of the said

Monition was posted on the real estate therein mentioned and described on the

.......... day of ...................., A.D. 20 ....

We therefore now command you to expose to public sale, the real estate

mentioned and described in said Monition as follows: .......... And that you

should cause to be made as well a certain debt of ....................

Dollars ($ ............) lawful money of the United States, which to the said

Receiver of Taxes for Kent County, is due and owing, as also the sum of

.................... Dollars ($ ............) lawful money as aforesaid, for

its costs, which it has sustained by the detaining of that debt, whereof the

said ............ was convicted as it appears of record and against which

said property it is a lien:

And have you that money before the Judges of our Superior Court at ........,

on Monday the ........ day of Next, to render to the Receiver of Taxes for

Kent County as aforesaid, for its debt and costs as aforesaid, and this writ:

WITNESSETH, the Honorable .................... at ........, the ........

day of .................. A.D. 20 .... .

....................

Prothonotary

Issued:"

(c) The description contained in such monition shall be a sufficient description of the real estate to be sold under such writ.

9 Del. C. § 4526

75 Del. Laws, c. 26, § 1.;