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DE HB29

Bill

Status

Introduced

1/5/2017

Primary Sponsor

Quinton Johnson

Click for details

Origin

House of Representatives

149th General Assembly

AI Summary

  • Establishes a writ of attachment allowing judgment creditors to seize tax refunds and lottery winnings from judgment debtors for unpaid residential or commercial rental agreement breaches.

  • Requires judgment creditors to first attempt wage attachment, personal property seizure, or vehicle seizure before filing a writ of attachment and must send certified notice to the debtor before filing.

  • Permits judgment debtors to contest the seized amount within 30 days of notice from the Department of Finance, with the court providing a hearing if contested.

  • Directs the Department of Finance and Courts to develop an electronic system for notice and coordination between agencies, with a joint report to the General Assembly by January 10, 2018 recommending a special fee to offset administrative costs.

  • Sections 1 and 2 take effect only upon enactment of legislation establishing the special fee and receipt of sufficient funds for system development and administration.

Legislative Description

An Act To Amend Title 10 And Title 30 Of The Delaware Code Relating To Judgments.

Last Action

Amendment HA 2 to HB 29 - Introduced and Placed With Bill

3/28/2017

Committee Referrals

Judiciary1/5/2017

Full Bill Text

No bill text available