Opinion
97J-06-114, B-18-196.
Submitted: March 29, 2004.
Decided: April 14, 2004.
Upon Defendants' Motion to Vacate Judgment. DENIED
ORDER
1. A judgment was entered against Defendants Caner N. Hall and Stella M. Hall in favor of Plaintiff The Brookside Community, Inc., in the amount of $987.43 by the Court of Common Pleas in and for New Castle County in Civil Action No. 1995-02-232. The judgment was filed with the Superior Court in and for New Castle County on June 18, 1997 in Civil Action No. 97J-08-114. The Judgment Record Number is B-18-196.
2. By Order dated November 8, 1996, this Court affirmed the Court of Common Pleas decision. The Delaware Supreme Court dismissed Defendants' appeal by Order dated April 16, 1997. Defendants' Petition for a Writ of Certiorari was denied by the United States Supreme Court on January 20, 1998.
3. On November 12, 2003, the Sheriff of New Castle County was directed to levy on Defendants' property. Amounts owed were outlined as follows:
Principal Debts: $ 239.68 Attorneys' Fees 747.75 Costs for JP Filing 30.00 Costs to Transfer Judgment 25.00 Prothonotary filings 50.00 Sheriff fees 30.00 __________ Subtotal $ 1,122.43
Post-Judgment Interest at 10.25% per annum from September 11, 1995 — November 11, 2003 939.62 __________ Total $ 2,062.05
PLUS Post-Judgment Interest at $0.315 per diem from November 11, 2003 until paid in full
4. Defendant Caner N. Hall filed a Motion to Vacate Judgment on January 30, 2004.
5. Defendants' February 2, 2004 Motion to Stay Execution of Sheriff's Sale was denied on February 13, 2004.
6. The Court held a hearing on the Motion to Vacate Judgment on February 26, 2004. Defendant Stella Hall did not appear personally and was not represented by counsel. Defendant Caner N. Hall was informed that because he is not an attorney, he could not appear in a representative capacity on his wife's behalf.
7. At the close of the hearing, the Court granted the parties the opportunity to submit supplemental information. On March 4, 2004, Plaintiff submitted documentation in support of Plaintiff's Objection to Defendants' Motion to Vacate Judgment. Defendant Caner N. Hall filed documents containing additional argument, along with supporting documentation on March 11, 2004, March 15, 2004, and March 29, 2004.
8. The Court has reviewed all submissions and exhibits. Mr. Hall has conceded that at least a portion of his supplemental filings are not directly relevant to his Motion to Vacate Judgment.
9. Mr. Hall has raised numerous arguments in support of the motion. The Court has considered all arguments and finds that the Court of Common Pleas judgment was properly entered and that no reason exists justifying vacation of the judgment. The directive to the Sheriff to levy upon Defendants' property accurately reflects amounts owed by Defendants, is consistent with the judgment, and specifically delineates annual, not compound, interest. The post-judgment interest rate is not contrary to any law prohibiting usury. Additionally, the debts are personal debts of Defendants, not debts of the Plaintiff corporation. Defendants' Constitutional rights are not being violated.
THEREFORE, Defendants' Motion to Vacate Judgment is hereby DENIED.