Fill and Sign the Levy of Property Delaware Form

IN THE JUSTICE OF THE PEACE COURT OF THE STATE OF DELAWARE, IN AND FOR COUNTY COURT NO COURT ADDRESS CIVIL ACTION NO PLAINTIFF and/or JUDGMENT CREDITOR VS. DEFENDANT and/or JUDGMENT DEBTOR Name Location of property to be levied upon: Name Address Address Phone Phone System ID # System ID # LEVY OF PERSONAL PROPERTY PLEASE levy on the judgment debtor’s personal property in the above named case. I understand that the Constable selects the property to be levied upon to satisfy the debt. Any specific items that I wish to request the Constable to attempt to levy upon are prescribed on the attached document. Further, I understand it is my responsibility to notify the Court when judgment is satisfied and may be ordered to pay up to ½ of the judgment if I fail to do so. 10 Del.C. §9567. I have attached a document identifying specific items believed to be owned by the judgment debtor that I wish the constable to attempt to levy upon. Pursuant to the requirement, I have provided the Certificate of Lien for the judgment debtor’s motor vehicle(s) and request that the Constable attempt to levy upon said vehicle(s). THE AMOUNT NOW DUE on the judgment is as follows: $ Original amount of judgment $ + Plus court costs due, including costs for this form $ + Plus attorneys’ fees, if allowed by judgment $ + Pre-judgment interest $ + Plus post-judgment per diem rent of $ X days (summary possession cases only) $ + Plus post-judgment interest at % per year $ - Less total credits (any amount paid towards judgment to date) $ = TOTAL DUE ON JUDGMENT DATE OF JUDGMENT: The foregoing statements are true and correct to the best of my knowledge and belief. DATE: Signature of Plaintiff / Judgment Creditor or Attorney TO THE JUDGMENT DEBTOR / DEFENDANT: YOU ARE ORDERED not to intentionally destroy, damage, sell, conceal or interfere, directly or indirectly, with the levied property. An order to hold a Constable’s sale may be entered in the Court noted above. See back of form for Debtor’s Exemptions. A violation of this Order will subject you to Civil Contempt pursuant to 10 Del.C. §9506. TO THE CONSTABLE: YOU ARE ORDERED to levy on the goods, chattels, rights, credits, money and effects of the above named Defendant and/or Judgment Debtor, to recover the amount due on the judgment IT IS SO ORDERED this day of, , 20 (SEAL) Justice of the Peace J.P. CIV FORM NO. 16 (Rev 3-1-16) Civil Action No.: __________________________________ DEBTOR’S EXEMPTIONS: Certain items of personal property of the Defendant/Debtor are exempt from sale including the Family Bible, school books and family library; family pictures; all the wearing apparel of Debtor and Debtor’s family; tools, implements and fixtures used in your trade or business up to $75.00; sewing machines used by a seamstresses or private families. In addition, Debtor may have the right to a Head of Family exemption of $500.00 worth of personal property beyond those items listed above. See §§ 4901-4913 of Title 10 of the Delaware Code. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Judgment Debtor is hereby advised that refusing to allow the constable to execute the Levy of Property may subject you to Civil Contempt pursuant to 10 Del. C. §9506. RETURN DATE: __________________________________________________________________________ CONSTABLE’S NOTES: ___________________________________________________________________ SERVED ON:_________________________________________________________________(Date & Time) CONSTABLE: ____________________________________________________________________________ COME TO HAND: ____________________________________________________________(Date & Time) ATTEMPTED DATES AND TIMES: 1. __________________________ 2. ___________________________ 3. _____________________________ 4. __________________________ 5. ___________________________ 6. _____________________________ 7. __________________________ 8. ___________________________ 9. _____________________________ COMMENTS: _____________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ CONSTABLE _____________________________________________________________ DATE & TIME RETURNED J.P. CIV FORM NO. 16 (Rev 3-1-16)