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Current as of January 01, 2022 | Updated by FindLaw Staff
(a) If any defendant in a judgment on warrant of attorney, or attorney's executors, or administrators, by affidavit filed with the justice, denies the obligation, or sets forth any just defense, a trial shall be granted, which shall be conducted as in other cases.
(b) The judgment shall not be vacated, nor any execution, or levy thereon, set aside, until after a trial and determination against such obligation, or warrant.
(c) A levy shall be a security for what may be found due to the plaintiff, the proceedings thereupon being stayed, unless the defendant gives sufficient security to pay the plaintiff the sum justly due.
(d) The security shall be entered as follows:
“On the ․․․․․․․․․․ day of ․․․ A.D. 20 ․․․, A. B. (and C. D., if two) became surety for the defendant (or defendants) for the payment of whatever is justly due to the plaintiff (or plaintiffs) in this action.”
(e) Upon the entry of security being made and signed, the judgment and execution shall be set aside.
Cite this article: FindLaw.com - Delaware Code Title 10. Courts and Judicial Procedure § 9543. Setting aside judgment on warrant of attorney - last updated January 01, 2022 | https://codes.findlaw.com/de/title-10-courts-and-judicial-procedure/de-code-sect-10-9543/
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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