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Code · Delaware · Title 10 — Courts and Judicial Procedure · Chapter 35. Attachments

§ 3513. Superior Court Rules govern attachment by justices of the peace and other inferior courts.

107 words·~1 min read·/de/title-10/chapter-35-attachments/3513

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Except where otherwise expressly provided, the Rules of the Superior Court shall govern the procedures in all attachments issued by justices of the peace and other inferior courts. The Superior Court, upon the motion of any defendant or tenant whose property, rights or credits may be attached under any mesne process of attachment issued by a justice of the peace or other inferior court, shall investigate the proofs required by law to be made and filed before the issuing of such process. If upon such investigation the Court considers that there was not sufficient grounds for the attachment, the property, rights and credits attached shall be discharged.
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