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Current as of January 01, 2022 | Updated by FindLaw Staff
(a) No execution shall be issued on a judgment after the defendant's death; nor, except in the regular continuance of such process, after the lapse of 5 years from the time execution might first have issued; until the judgment is revived by scire facias. The writ of scire facias may be according to the form prescribed in this subchapter, with necessary variations. A judgment may be revived against the original defendant without service of the scire facias, as is provided in respect to bail, when no service can be made.
(b) No scire facias is necessary to make the representative, or assignee, of the plaintiff a party to such judgment; but the death, or assignment, being suggested on the record, the representative, or assignee, also named, shall become a party.
Cite this article: FindLaw.com - Delaware Code Title 10. Courts and Judicial Procedure § 9581. Revival of judgments - last updated January 01, 2022 | https://codes.findlaw.com/de/title-10-courts-and-judicial-procedure/de-code-sect-10-9581/
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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