In any civil case, a judge (with or without a jury) will hear the facts presented to the court to decide the remedies due to the litigating parties, provided the case is not dismissed or withdrawn. The judge's decision is known as a judgment.
In Delaware, any judgment released by the state courts is recorded in an official file. This document is public information and can be obtained from a record custodian's office or electronic public access databases. Information that can be found in a judgment record includes the parties' names and addresses (including their attorneys); the judgment's entry date, type, and status; the total award; the court's findings; and the name of the issuing judge and court. Like most Delaware court records, judgment records are available to interested and eligible members of the public on request.
What is a Judgment?
A judgment is the final order of a court that settles a dispute and outlines the obligations of case parties. It determines who wins and loses a court case, and what the winning side is entitled to legally.
The remedy granted by a judgment can be a monetary award or a directive for the performance or discontinuance of an action (equitable relief). At the same time, it could be neither monetary nor equitable. Instead, it could declare the rights of disputing parties.
Delaware Judgment Laws
Delaware's judgment laws are compiled under Title 10 (Courts and Judicial Procedures) of the Delaware Code. These statutes establish legal procedures for the entry, enforcement, and satisfaction of judgments in the state.
What is Judgment Lien?
A judgment lien is an attachment on a person's real estate to satisfy a judgment debt. This lien gives the winner of a lawsuit (the judgment creditor) the right to funds obtained from the sale of the losing side's (the judgment debtor) property.
Delaware's judgment lien laws are outlined under Title 10, Chapter 47 of the Delaware Code. Per these laws, judgment liens are automatically attached to a judgment debtor's real estate upon the entry of a judgment, provided the property is situated in the county where the judgment was rendered. The exception to this rule is judgments entered by the Justice of the Peace Courts and Court of Common Pleas. For those judgments, creditors must manually record them in the county where the real property is situated.
Judgment liens can only be placed on real estate (buildings, lands, or condos) in Delaware.
What is a Delaware Summary Judgment?
A Delaware summary judgment is a decision rendered by a state court that resolves a lawsuit, or parts of it, without a full trial. Any side to a lawsuit can move for a summary judgment or partial summary judgment in Delaware. However, whoever (the plaintiff or defendant) becomes the movant must prove that there are no "genuine issues of material fact" that would alter the result of the case, and the moving party is entitled to a judgment per the law.
Usually, parties move for a summary judgment to enable speedy disposition and limit the expenses associated with a trial.
What is A Summary Judgment Motion In Delaware?
Often, a litigant will discover that there are no triable issues of fact in their court case (i.e., no issues requiring a trial to settle) and that, legally, they are entitled to a favorable judgment without a trial. When this happens, the party may move for a summary judgment. This is referred to as a "motion for summary judgment" in Delaware. The procedures for filing such motions are set forth in Rule 56 of the Civil Rules of the courts.
In Delaware, a plaintiff can file a summary judgment motion, with or without supporting affidavit, once 20 days pass from the commencement of an action, after being served with a summary judgment motion, or before a trial. Meanwhile, a defendant may initiate this pretrial motion at any time. However, the court will only grant a summary judgment motion if:
- The pleadings, answers to interrogatories, depositions, and admissions on file, plus any affidavits, show that no genuine issue of material fact exists, and
- The movant is owed a judgment as a matter of law.
Also, the court can enter a partial summary judgment that resolves only part of a case and leaves the others for trial. At the same time, the summary judgment can determine liability alone even though there are triable issues regarding damages.
For research purposes, an individual can review summary judgment motions filed in Delaware on the Opinions and Orders page.
Delaware Judgment Record Search
Judgment records are open to the public in Delaware. Therefore, an interested party who wants to know how a civil case ended can obtain the records remotely or directly from the court.
Remote access is available through the statewide civil case search system known as CourtConnect. CourtConnect is maintained by the Delaware judiciary. With the database, an individual can search for judgments against a person or company entered in the Court of Common Pleas, Justice of the Peace Court, and Superior Court.
The primary criteria for starting a judgment record search on CourtConnect is an individual's last name or a company's name. Other search terms that can be used include a person's first and middle name, the beginning and ending dates of a judgment, and the judgment status (not satisfied, partially satisfied, vacated, etc.). The following information can typically be viewed on CourtConnect:
- Person ID
- The debtor's name
- The judgment amount
- Judgment status
- The judgment date
Clicking on the judgment amount will return case data, such as the case and docket description, case ID, and case status. Additionally, clicking on the case ID will show more case information, for example, the docket entries.
Overall, it is good practice to verify any record found on CourtConnect against the official record maintained by the courts. Although efforts are expended to ensure accuracy, what is available online is the unofficial judgment record and only provided as a public service.
How Do I Look Up a Judgment In Delaware?
To look up a judgment in Delaware, an individual can go to the court where the judgment was entered during regular business hours. The record dissemination policies of each court can be found on the Delaware judiciary's Public Access to Judicial Records web page. Similarly, the hours and locations of the courts can be found on the state judiciary's website.
What Happens if You Have a Judgment Against You in Delaware?
When a person loses a civil case in Delaware, the person becomes a judgment debtor. Subsequently, the person will be required to pay all damages and costs approved by the court before the specified due date or satisfy the judgment as ordered if the relief is non-monetary.
There is usually no way to dodge the legal obligation arising from a judgment as creditors (the winners) have the legal right to collect the judgment in other ways. For example, from the debtor's wages, bank accounts, or real property. The creditor can also ask the court to order the debtor to refund them for the reasonable costs they had to incur while collecting the debt.
How Do I Find Out If I Have Any Judgments Against Me In Delaware?
One method to find out about an active judgment in Delaware is to check the mail. The court or the judgment creditor will usually notify the individual (the debtor) of the entry of judgment.
If no mail was received, perhaps because a person changed their address, the fastest way to find a judgment is to search the CourtConnect site. This is because Delaware has many courts, and it can be challenging to discern which court entered a judgment. Notwithstanding, people who suspect that they may owe a debt to someone, either because they defaulted in a court proceeding or received a demand letter from a claimant, may check with the applicable court clerk's office.
An individual can also become aware of a judgment when collection activities, e.g., wage garnishments, begin. However, rather than waiting to lose property or wages to creditors, other methods specified above can be used to check if one has a judgment against them in Delaware.
How Long Does A Judgment Stay On Your Record?
There are no expungement or sealing procedures for judgments in Delaware. Any judgment rendered by a Delaware court remains as part of a permanent court record, regardless of its status (satisfied, unsatisfied, vacated, renewed) or whether it has become dormant due to the statute of limitations running out.
How To Enforce A Judgment In Delaware
When an individual prevails in a civil case in Delaware, the court may award money - payable by the losing side - for their loss or injury. However, obtaining this judgment does not mean the debtor (the losing party) will readily pay the lump sum, plus any interest, or agree to an installment payment plan.
As no state court will collect the judgment for a creditor, it is up to the party to execute it via other lawful means if the debtor fails to pay. This process is known as "Enforcing or Collecting a Judgment" in Delaware.
How To Collect A Judgment In Delaware
In Delaware, a judgment creditor can collect an unpaid judgment as follows:
- Wage garnishment: Here, the creditor can recover the owed sum by withholding the debtor's wages. This can be done by requesting a writ of attachment from the court.
- Installment payment plan: The creditor may allow the debtor to pay the judgment amount in installments. The creditor may also agree to a lesser sum.
- Personal property execution: The creditor can seize (levy on) personal property other than the debtor's wages (goods, credits, chattels, etc.) to recover the debt.
- Attaching a lien to the debtor's real property: In this scenario, the creditor can file a certified transcript of judgment with the Prothonotary of the Superior Court in counties where the debtor's real property may be located. By recording the judgment, a lien is established on the debtor's real estate. Subsequently, the creditor can satisfy the judgment using money obtained from the property’s sale.
Furthermore, the Delaware Family Court, Justice of the Peace Court, and Court of the Common Pleas provide information on collection methods available to judgment creditors. This information (including relevant forms and fees) can be obtained from the Delaware State Courts Self Help page by clicking the "Judgments" link under "Civil Matters."
What Happens if a Defendant Does Not Pay a Judgment in Delaware
Many civil cases filed in the Delaware court system are concluded by awarding monetary damages to the injured party. In such cases, after a judge or jury hears evidence in a case and the judge renders a judgment, the defendant or judgment debtor must adhere to the court's final order and pay the money owed to the prevailing party.
When a defendant refuses or fails to pay a judgment in Delaware, the creditor is within their rights to take the sum out of the defendant's wages or by seizing and auctioning the individual's assets.
Furthermore, unpaid judgments accrue interest daily. As such, the defendant will be liable to pay the balance plus any interest.
What Personal Property Can Be Seized in a Judgment in Delaware?
Certain personal properties are exempt from collection to satisfy a judgment in Delaware. These exemptions are outlined in 10 Del. C. §§ 4901 to 4913 and include:
- Family pictures
- Family bible
- Wearing apparels of the debtor and their family
- A church seat or pew
- School books
- Family library
- Implements, tools, and fixtures used in the debtor's trade or business that are not valued above $50 in Kent County, and $75 in New Castle and Sussex Counties
- Sewing machines owned and used by seamstresses or private families, etc.
Delaware Judgment Interest Rate
In Delaware, no law establishes a fixed rate at which interest accrues on an unsatisfied judgment, as seen with most states. However, Title 6, Section 2301 of the Delaware Code establishes a legal rate of interest.
Under this law, the interest on an unpaid judgment is calculated at 5% over the Federal Reserve discount rate, including any surcharge thereafter or the contract rate (if expressed in writing), whichever is less.
What is a Default Judgment?
A default judgment arises from an action or proceeding where a defendant fails to answer (i.e., plead) or appear. When a defendant defaults in such a manner, the plaintiff can ask the court for a judgment in their favor. The default judgment may grant the plaintiff the total amount they are asking for (plus prejudgment interest if requested in the complaint).
How to File a Motion To Set Aside Default Judgment in Delaware
A default judgment can be set aside in Delaware, but not without the request of the affected party or good cause (e.g., mistake, newly discovered evidence, fraud). If the judgment is set aside, the defendant will be given another opportunity to challenge or defend against the plaintiff's claim.
Generally, to set aside a default judgment in Delaware, the defendant must file a motion with the court that rendered the judgment. For example, in the Justice of the Peace Court, the form used to file a motion to set aside a default judgment is Civil Form 11 (Request for Motion Hearing).
The procedures for filing a motion to set aside a default judgment can generally be found under Rule 60 of each trial court's civil rules. These rules also establish deadlines for filing such motions. For instance, in the Justice of the Peace Court, a motion to set aside a default judgment resulting from a debt, trespass, or replevin action should be filed no more than 15 days after the judgment's entry. Meanwhile, judgments by default entered in summary possession actions have a 10-day deadline from the entry date of the judgment.
File Motion To Vacate Judgment in Delaware
Although judgments rendered by the courts in Delaware are final, an individual can still move to vacate a judgment in some instances. Per the law, a state court can relieve a party from a judgment if any of the following reasons are cited:
- Mistake, surprise, inadvertence, or excusable neglect
- Misrepresentation, fraud, or other misconduct of an opposing party
- Newly discovered evidence (where it was impossible to unearth the evidence in time to request a new trial)
- The judgment is void
- The judgment has been discharged, satisfied, released, or a previous judgment upon which the present one is based was reversed or vacated, or it is no longer practical for the judgment to have future application
- Other reasons justifying relief from judgment
Consequently, anyone who wants to vacate a judgment based on the reasons above must petition the appropriate court (the one that rendered the judgment). For persons petitioning the Justice of the Peace Court, information about the process can be obtained from the Civil Post-Judgment Procedures page.
How To Remove An Abstract Of Judgment In Delaware
In some US states, a judgment can be enforced by recording an abstract in the county where the debtor's real estate is situated. An abstract of judgment contains the essential details (a summary) of a judgment, such as the amount of money owed and the interest rate due on the judgment amount. When recorded, it effectively creates a lien on a debtor's property, which the creditor can use to force the property's sale to satisfy the judgment.
In Delaware, the idea behind establishing this judgment lien is the same, even though the state refers more to it as a "transfer of judgment." Ordinarily, if the Superior Court enters a judgment, it automatically becomes a lien on any of the debtor's real property, so far as the property lies in the county where the judgment was rendered. However, if another court entered the judgment or the debtor's property is located in another county, the creditor must transfer the judgment to the Superior Court in the applicable county. This entails filing a certified transcript of the judgment's docket entries with the Prothonotary of the Superior Court.
Once a judgment is transferred, it becomes a lien on all of the debtor's real estate located in the county. This lien remains attached to the debtor's real property for ten years from the date transferred. There is usually no way to remove this lien but to pay the judgment, given that the lien can be renewed before the ten year-deadline or revived after the deadline has passed under 10 Del. C. § 4711.
How Long Is a Judgment Good For In Delaware
There is no standard expiry date for civil judgments rendered in Delaware. Notwithstanding, a court may have its own deadline for judgments. For example, judgments rendered by the Justice of the Peace Court are good for five years and can be revived.
Delaware Judgment Statute of Limitations Law
Delaware has no statute of limitations law for judgments or actions on judgments. However, under common law, judgments are presumed to be enforceable for twenty years.
