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Current as of January 01, 2022 | Updated by FindLaw Staff
(a) A writ of possession may be according to the following form:
“․․․․․․․․․․ County, ss. The State of Delaware, To the Sheriff of said County, greeting:
____________________________ | ||||
We command you, that without delay you cause | ||||
․․․․․․․․․․․․․․․ to have peaceable possession of | ||||
L. S. | (here insert description of the premises) which were | |||
lately sold by virtue of a writ of execution * * * | ||||
____________________________ | issued |
out of our (here insert the style of the court) in the said County, returnable to ․․․․․․․․․․ term, 20 ․․․․, at the suit of ․․․․․․․․․․ plaintiff vs.․․․․․․․․ defendant; and have this writ, with your doings thereon certified, at our said Court to be held at ․․․․․․․․․․․․, on ․․․․․․ day of ․․․․․․ next.
Witness ․․․․․․․․․․ at ․․․․․․․․․․ the ․․․․․․․․․․ day of ․․․․․․․․․․ in the year of our Lord two thousand and ․․․․․․․․․․
․․․․․․․․․․․․․․․․․․․․․․․․ Prothonotary.”
(b) If there is legal exception to the sheriff, the writ may be directed to a local law-enforcement officer.
(c) If the sale is by order of the Court of Chancery, omit from the word “execution” to the word “defendant,” both inclusive, and instead thereof insert, “an order of our Court of Chancery, at ․․․ in a certain cause between ․․․ plaintiff and ․․․ defendant.” The writ may be adapted to the case by any necessary variation in the form.
Cite this article: FindLaw.com - Delaware Code Title 10. Courts and Judicial Procedure § 5018. Form of writ - last updated January 01, 2022 | https://codes.findlaw.com/de/title-10-courts-and-judicial-procedure/de-code-sect-10-5018/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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